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To: Jim Robinson
If I am right in both cases then we dodged a second huge bullet.

You're right on both counts. The entire Constitution is written under what the Founders called the Rule of Exclusion. What is not specifically IN it, is therefore excluded from it.

§ 207. XIII. Another rule of interpretation deserves consideration in regard to the constitution. There are certain maxims, which have found their way, not only into judicial discussions, but into the business of common life, as founded in common sense, and common convenience.
Thus, it is often said, that in an instrument a specification of particulars is an exclusion of generals; or the expression of one thing is the exclusion of another. Lord Bacon's remark, "that, as exception strengthens the force of a law in cases not excepted, so enumeration weakens it in cases not enumerated," has been perpetually referred to, as a fine illustration.

Justice Joseph Story on Rules of Constitutional Interpretation

----

ANY the stretching of the Commerce clause is unconstitutional as well, such in the areas of 'the general diffusion of knowledge' (public education), or 'the wages of labor' (income tax).

§ 1075 [snip]....
Can a power, granted for one purpose, be transferred to another? If it can, where is the limitation in the constitution? Are not commerce and manufactures as distinct, as commerce and agriculture? If they are, how can a power to regulate one arise from a power to regulate the other? It is true, that commerce and manufactures are, or may be, intimately connected with each other. A regulation of one may injuriously or beneficially affect the other. But that is not the point in controversy. It is, whether congress has a right to regulate that, which is not committed to it, under a power, which is committed to it, simply because there is, or may be an intimate connexion between the powers. If this were admitted, the enumeration of the powers of congress would be wholly unnecessary and nugatory. Agriculture, colonies, capital, machinery, the wages of labour, the profits of stock, the rents of land, the punctual performance of contracts, and the diffusion of knowledge would all be within the scope of the power; for all of them bear an intimate relation to commerce. The result would be, that the powers of congress would embrace the widest extent of legislative functions, to the utter demolition of all constitutional boundaries between the state and national governments.
Joseph Story, Commentaries on the Constitution

[emphasis mine]

157 posted on 03/26/2017 6:54:36 AM PDT by MamaTexan (I am a person as created by the Law of Nature, not a person as created by the laws of Man.)
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To: MamaTexan

And let me add this...

“The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it.”

“If the former part of the alternative be true, then a legislative act contrary to the constitution is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable.”

“All laws which are repugnant to the Constitution are null and void.”

Marbury vs. Madison. Source: 5 US (2 Cranch) 137, 174, 176 (1803).


159 posted on 03/26/2017 8:09:48 AM PDT by ForYourChildren (Christian Education [ RomanRoadsMedia.com - Classical Christian Approach to Homeschool ])
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