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Clemens and the Constitution
The American Culture Blog ^ | February 13, 2008 | S. T. Karnick

Posted on 02/13/2008 8:27:12 AM PST by S. T. Karnick

As former Major League Baseball pitcher Roger Clemens prepares to testify before a congressional committee, the observations in my Tech Central Station article during the last big government investigation into the matter apply as strongly as ever:

"It remains unclear . . . that legislative action by the federal government is needed or appropriate in this matter. If the use of steroids is indeed a problem, one should think that state laws would certainly be able to handle it, especially given the demand-side approach Congress appears to be taking, as evidenced by yesterdays hearings. Nonetheless, performing an investigation to shine light on the problem is certainly an appropriate activity of Congress.

"The reason given by the committee members as to why this particular committee was investigating the matter, however, is rather chilling.

"In short, they have noted that this committee is empowered to investigate anything it chooses to look into. Equipped with subpoena power, this makes the GROC into a central investigative tribunal for the federal government. Anyone who falls afoul of the interests of the Congress—which means anyone who should chance to fall into great disfavor in popular opinion, as baseball's steroid users have obviously done—might be hauled before Congress and forced to testify in a nationally televised fishing expedition, with or without a grant of immunity from prosecution on either the federal or state level. At which point, taking the Fifth Amendment becomes a highly public acknowledgment of wrongdoing."

Clemens's willingness to fight the Congress and the U.S. Justice Department appears foolhardy given the amount of evidence against him, yet one can surely sympathize with his situation. No one is big enough to beat the U.S. government if they really want to get you. Al Capone couldn't, Hitler couldn't, and even the Soviet Union's great empire couldn't.

That is why that government's power should be wielded only when necessary and only to the extent necessary. That is why our nation's Founders limited the national government's powers only to those explicitly granted in the Constitution (the now long-dead doctrine known as strict constructionism), and it is why our current bloated and intrusive national government is an offense against our principles and an outrage against the people of these United States.

Posted by S. T. Karnick on February 13, 2008 09:37 AM


TOPICS: Constitution/Conservatism; Culture/Society; Your Opinion/Questions
KEYWORDS: clemens; congress; hearing; steroids
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1 posted on 02/13/2008 8:27:16 AM PST by S. T. Karnick
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To: S. T. Karnick

I think Congress has many, many more important things to worry about other than this. They can hold this hearing, but how many pieces of legitimate legislation are sitting in limbo awaiting debate, no hearing even scheduled, while they bloviate about what is not exactly a matter of national import?


2 posted on 02/13/2008 8:30:25 AM PST by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours)
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To: S. T. Karnick

A senate investigation of baseball takes the citizens eyes off the real ball that congress is dropping by not working on the serious issues that affect America.

This is a profound waste of time. Just as well be a Hollywood production because it has little impact on anything that amounts to a grain of salt.


3 posted on 02/13/2008 8:31:49 AM PST by o_zarkman44 (No Bull in 08!)
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To: 3AngelaD

At least this way, the Dems in Congress aren’t doing damage on more serious issues.


4 posted on 02/13/2008 8:32:02 AM PST by squidly
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To: S. T. Karnick
Major League baseball sought out federal intervention in the sport in 1919.

If the MLB decides to avail itself of state rather than federal jurisdiction it can try - although clearly baseball as a business is an epitome of interstate commerce.

5 posted on 02/13/2008 8:33:59 AM PST by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
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To: S. T. Karnick

CNBC is running it instead of business news now. Almost as boring as the opening of a standard court case. Clemens is saying “I never did it”, his trainer is saying “yes he did”, and both of them are sticking with their stories. Then the next Congressman asks the same questions and they do the whole routine all over again.


6 posted on 02/13/2008 8:34:28 AM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: 3AngelaD

Someone thinks it’s important.
http://www.freerepublic.com/focus/f-news/1966810/posts


7 posted on 02/13/2008 8:34:35 AM PST by BGHater ($2300 is the limit of your Free Speech.)
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To: S. T. Karnick
It remains unclear . . . that legislative action by the federal government is needed or appropriate in this matter.

It's not unclear at all. The Clemens "hearing" is pure political grandstanding. The next "occasion" will be the Belichick "hearing" maybe led by the great civil libertarian from Pennsylvania, to determine if the Patriot coach used a  c a m e r a.

ML/NJ

8 posted on 02/13/2008 8:37:00 AM PST by ml/nj
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To: S. T. Karnick

Bread and Circuses -— this is just the latest edition of how to distract the public from the real fascist agenda. Remember the last great fascists was famous for the trains running on time, while society deteriorated to unbearable tyrannical levels.


9 posted on 02/13/2008 8:40:41 AM PST by Tarpon (Ignorance, the most expensive commodity produced by mankind.)
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To: S. T. Karnick

“...it is why our current bloated and intrusive national government is an offense against our principles and an outrage against the people of these United States.”

I couldn’t agree more.

Thank you!


10 posted on 02/13/2008 8:42:56 AM PST by AprilfromTexas
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To: S. T. Karnick

If they are goingn to investigate sports, it might make more sense to investigate the Dukelax scandal.

This is pure grandstanding and diversion from the serious issues that confront our country.


11 posted on 02/13/2008 8:43:04 AM PST by Cicero (Marcus Tullius)
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To: S. T. Karnick
nice thought..but baseball is exempt from anti-trust...and that’s not a state matter...and that can rug can be pulled anytime.
12 posted on 02/13/2008 8:45:46 AM PST by stylin19a
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To: S. T. Karnick

This proceeding is a farce. It should be tried in a court of law instead before a Congressional committee.


13 posted on 02/13/2008 8:49:47 AM PST by Man50D (Fair Tax, you earn it, you keep it!)
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To: S. T. Karnick

Turned on the TV to see this.....felt immediately nauseated at the sight of our “leaders” and this political theater. How I despise them!


14 posted on 02/13/2008 8:55:25 AM PST by macamadamia ("The best lack all conviction, while the worst are full of passionate intensity." Yeats)
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To: S. T. Karnick
Not sure what ya'll think, but in my opinion, Clemens IS NOT acting like an innocent man. If I did not take any steroids, it would be very easy for me to say so, over and over again.

Even this would help:

“I did not have intravenous relations with that drug….steroids.”

15 posted on 02/13/2008 8:55:52 AM PST by Niteranger68 (John McCain has the blood of conservatives on his hands.)
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To: 3AngelaD
I think Congress has many, many more important things to worry about other than this. They can hold this hearing, but how many pieces of legitimate legislation are sitting in limbo awaiting debate, no hearing even scheduled, while they bloviate about what is not exactly a matter of national import?

It's because this is uncomplicated and safe for them to make a decision. It won't negatively impact their chance of getting re-elected, and thats all that matters to them.
16 posted on 02/13/2008 8:58:05 AM PST by Sig Sauer P220
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To: squidly
At least this way, the Dems in Congress aren’t doing damage on more serious issues.

My thoughts exactly.

What could the Dems be doing that would harm the country less than conducting hearings on steroid use in sports? I can't think of anything.

17 posted on 02/13/2008 8:58:07 AM PST by InterceptPoint
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To: InterceptPoint
What could the Dems be doing that would harm the country less than conducting hearings on steroid use in sports? I can't think of anything.

The harm is in establishing just how trivial they're allowed to get in regulating what people do. Once the get that, they can start backfilling.

18 posted on 02/13/2008 9:04:01 AM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: Niteranger68
If I did not take any steroids, it would be very easy for me to say so, over and over again.

And if I were one of the congressional investigators it would be very easy for me to continue to imply that you did, over and over again. Right now, after what was said about 20 minutes ago, McNamee is the guy who is going to have to prove his allegations and he has already admitted to lying on a few occasions.

I suspect the reason he kept syringes and used gauze pads is for potential blackmail bait.......

19 posted on 02/13/2008 9:04:56 AM PST by Hot Tabasco ( Don’t go messing with Smokey Taylor. He just bought a whole bunch of fresh ammo.)
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To: 3AngelaD
I agree. This is a baseball matter and a matter for law enforcement if he illegally had HGH, steroids or other illegal drugs. Congress is just getting face time and wasting money. This is nothing short of just show time and reality TV.
20 posted on 02/13/2008 9:06:51 AM PST by RetiredArmy (VOTED: Disgruntled Voter of the Month)
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