Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Jacquerie
Please stop to focus on necessary and proper.

That point has already been settled by the court in Gonzales vs. Raich.

That means it may not violate another portion of the Constitution, which it does, the Ninth Amendment.

Gonzales (and a lot of precedent prior to that!) does exactly that! It establishes that almost ANY activity can be deemed to fall under the commerce clause AND that these types of activities are "never more than one step away from interstate commerce".

The court has repeatedly found that the constitution does not mean what it black letter says, but rather that it means what the COURT says it says! We likely face a 4-4 split with Scalia, who penned the "never one step away" clause being the decider. THAT does not make me comfortable!

41 posted on 03/20/2012 11:14:26 AM PDT by An.American.Expatriate (Here's my strategy on the War against Terrorism: We win, they lose. - with apologies to R.R.)
[ Post Reply | Private Reply | To 40 | View Replies ]


To: An.American.Expatriate

Check my prior links and learn.


46 posted on 03/20/2012 12:43:49 PM PDT by Jacquerie (No court will save us from ourselves.)
[ Post Reply | Private Reply | To 41 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson