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Federal Government Wins Comstock (SCOTUS declares Federalism Dead.)
Volokh Conspiracy ^ | 05/17/2010 | Jonathan H. Adler

Posted on 05/17/2010 7:46:23 AM PDT by freedomwarrior998

This morning the Supreme Court handed down its opinion in United States v. Comstock, a challenge to the federal government’s authority to civilly commit a “sexually dangerous” federal prisoner beyond the time of his sentence. The U.S. Court of Appeals for the Fourth Circuit held that the federal government lacked such authority within its enumerated powers. The Supreme Court disagreed, voting 7–2 to uphold the federal government’s commitment power under the Necessary & Proper Clause. Justice Breyer wrote for the majority. Justices Kennedy & Alito concurred in the judgment, and Justice Thomas dissented, joined by Justice Scalia. The opinions are here. Some earlier VC posts on the case are here and here. I haven’t had a chance to read the opinions yet, but given that Justice Breyer wrote the majority — and that he is such an avowed advocate of broad federal power — I suspect this decision is a major setback for those seeking to limit the federal government to its constitutionally enumerated powers.


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events
KEYWORDS: 10thamendment; constitution; federalism; lping; rapeofliberty; scotus
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To: combat_boots
what you said plus the 'authority' of the additional surgeon generals army to lock down populations for quarantine...

very interesting verdict...

21 posted on 05/17/2010 9:54:57 AM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: Ronbo1948

a dictatorship of either the Right or Left.

Don’t rule out cult of personality


22 posted on 05/17/2010 9:57:39 AM PDT by spintreebob
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To: Smokin' Joe

WE, THE PRESIDENT OF THE UNITED STATES, TO HEREBY COMMAND ALL ABLE CITIZENS TO APPREHEND REPUBLICANS, AND TO DO THEM HARM, SET THEREUNTO UNDER OUR HAND THIS DAY THE SEVENTEENTH DAY OF THE MONTH OF MAIA IN THE YEAR OF THE COMMON ERA TWO THOUSAND TEN.


23 posted on 05/17/2010 10:21:55 AM PDT by ichabod1 (Can around 25-30% moonbat base really steal the country from us and hold it?)
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To: freedomwarrior998
So, if the government wants, you can be locked up indefinitely, despite the results of that quaint judge/jury thingy.

What next? The President being able to order the assassination of an American citizen? /sarc

The frog is boiled.

24 posted on 05/17/2010 10:36:36 AM PDT by Forgotten Amendments (I'd rather be Plaxico Burress than Sean Taylor)
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To: Ronbo1948
We can’t even control 10,000 Al Queida.

The realistic conclusion to this mental exercise is WAR.

25 posted on 05/17/2010 10:54:52 AM PDT by dockkiller (COME AND TAKE IT.)
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To: freedomwarrior998

This thread says SCOTUS struck down a 4th Circuit decision that the federal government exceeded its authority since it exercised an unenumerated power. SCOTUS then says that the Feds have the power under the Necessary and Proper Clause....yet this article never mentions what enumerated power SCOTUS said that this is necessary and proper for executing. Does anyone know? Where do the feds get the jurisdiction to regulate sexual predators? The Commerce Clause?


26 posted on 05/17/2010 11:21:59 AM PDT by old republic
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To: Ronbo1948

I’ll volunteer to be one of the first Browncoats.


27 posted on 05/17/2010 12:01:46 PM PDT by Vor Lady ("Those who make peaceful revolution impossible will make violent revolution inevitable." JFK)
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To: Vor Lady

I’ll join you. (Nice Firefly reference. The theme song has been bouncing around my head quite a bit these days.)


28 posted on 05/17/2010 12:10:39 PM PDT by ex 98C MI Dude (Alea Iacta Est)
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To: old republic

“Where do the feds get the jurisdiction to regulate sexual predators?”

According to the decision they have jurisdiction over federal prisoners, and so can civilly commit them. Apparently this has been law since 1949 in the case of mental illness.

Here are the opinions:
http://www.law.cornell.edu/supct/html/08-1224.ZO.html
http://www.law.cornell.edu/supct/html/08-1224.ZC.html
http://www.law.cornell.edu/supct/html/08-1224.ZC1.html
http://www.law.cornell.edu/supct/html/08-1224.ZD.html
Breyer, Kennedy, Alito, and Thomas in that order.


29 posted on 05/17/2010 12:19:09 PM PDT by devere
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To: Forgotten Amendments
What next? The President being able to order the assassination of an American citizen? /sarc

Already happened. http://www.freerepublic.com/focus/news/2489578/posts
30 posted on 05/17/2010 12:32:19 PM PDT by Renderofveils (My loathings are simple: stupidity, oppression, crime, cruelty, soft music. - Nabokov)
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To: mdmathis6

Because Congress was never granted authority over ANY crime not on military property except treason, piracy and counterfeiting. All else is a usurpation of States’ authority. ALL else.


31 posted on 05/17/2010 1:15:29 PM PDT by dcwusmc (A FREE People have no sovereign save Almighty GOD!!! III OK We are EVERYWHERE)
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To: freedomwarrior998

They always use those emotionaly charged issues to pass for being smarter and for tyranny.

SCOTUS should not pass laws unless it sends rulings to Congress for review of the law in the cases whose interpretations it decides.

But that is a detail, now that the government culture accross all branches is decidedly arrogant and corrupt...


32 posted on 05/17/2010 1:45:39 PM PDT by JudgemAll (Democrates Fed. job-security Whorocracy & hate:hypocrites must be gay like us or be tested/crucified)
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To: Ronbo1948

Good analysis. IMHO, the Pax will end up being Christ’s, following China & Russia’s next move.


33 posted on 05/17/2010 1:59:59 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spirito Sancto.)
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To: old republic

“Necessary and Proper” and “General Welfare” were not meant to be “powers” at all. These were limits on the enumerated powers. Roberts is “evolving”.


34 posted on 05/17/2010 2:47:33 PM PDT by UnbelievingScumOnTheOtherSide (NEW TAG ====> **REPEAL OR REBEL!** -- Islam Delenda Est! -- Rumble thee forth)
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To: phockthis

I think one of the firt things a new Congress should do is to blunt the power of the federal judiciary through legislation that provides for an undoing of these acts, such as Comstock.


35 posted on 05/17/2010 2:49:52 PM PDT by BlackjackPershing (The patriot's blood is the seed of Freedom's tree - Thomas Campbell (Scottish poet))
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To: freedomwarrior998
Well, here's both sides of the argument. I'm no lawyer but I'm hoping the former is right.

1) The court’s decision on Comstock essentially creates a legal framework by which the federal government can hold anyone indefinitely, without trial or appeal, if the government merely has the opinion that person is “dangerous.”

2) I disagree. The court only held that the enumerated powers claim doesn’t strike down this law. It specifically said the court would have to decide due process issues on remand. Indefinite detention without trial or appeal is prevented in our Constitution by the due process requirement and the habeas corpus clause. The court didn’t address either of these issues, and only held that the question of enumerated powers didn’t apply.

36 posted on 05/17/2010 2:51:52 PM PDT by TheThinker (Communists: taking over the world one kooky doomsday scenerio at a time.)
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To: Ronbo1948
the American Republic is as dead as the Roman Republic was after 100 years of wars and revolutions in the First Century B.C.

You blinked and missed it. The American Republic died in the Progressive Era between the Roosevelts. Franklin Roosevelt was our Augustus, 1st Citizen for life and given supeme power by the Supreme Court. Pax Americana ran from September 2, 1945 to September 10, 2001. Vietnam was our Teutoberg Forest. 0bama is our Commodus. The illegal Mexicans and others are our barbarians with our Adrianople just around the corner when we belatedly try to do something about them...
37 posted on 05/17/2010 3:01:48 PM PDT by UnbelievingScumOnTheOtherSide (NEW TAG ====> **REPEAL OR REBEL!** -- Islam Delenda Est! -- Rumble thee forth)
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To: ex 98C MI Dude
The theme song has been bouncing around my head quite a bit these days.

Amazon has it for purchase, it's on my mp3 player. Makes me happy when it comes up in the rotation. :-)

38 posted on 05/17/2010 6:50:29 PM PDT by Vor Lady ("Those who make peaceful revolution impossible will make violent revolution inevitable." JFK)
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To: MinorityRepublican
Obama is now the First Citizen of the American Empire.

The last honest Presidential election may had taken place in 2008.

With the non-prosecution of the armed New Black Panther polling place watchers in Philly, the second contention is debatable.


39 posted on 05/17/2010 7:29:39 PM PDT by magooey (then - NO JUSTICE! NO PEACE!, now - NO DATA! NO WARMING!)
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To: Smokin' Joe
"...and to maintain the security of those who are not imprisoned but who may be affected by the federal imprisonment of others."

So unless I am misreading this, essentially, anyone the Congress declares a threat to the safety and well-being of the public can be incarcerated indefinitely.

Yep. Scary isn't the word for this - SCOTUS just crumpled up the entire Constitution and flung it into the fire.

40 posted on 05/17/2010 7:38:22 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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