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

McCoy was prosecuted under federal law for taking a picture of herself naked with her daughter. According to the feds, federal courts have jurisdiction because the camera she used had been involved in interstate commerce. The Ninth Circuit rejected that argument.

This is great news. Even the Ninth Circuit is beginning to restrict the powers of Congress under the Commerce Clause. This is NOT a pro-porn ruling: the plaintiff can still be prosecuted under state law. It IS a move to restrict the federal government to something more like the powers the Framers intended.

1 posted on 03/21/2003 8:45:09 AM PST by Grover_Cleveland
[ Post Reply | Private Reply | View Replies ]


To: Grover_Cleveland
It IS a move to restrict the federal government to something more like the powers the Framers intended.

Would be wonderful if it stood...won't tho. The SCOTUS will knock this thing down.

2 posted on 03/21/2003 8:52:45 AM PST by EBUCK (FIRE!....rounds downrange! http://www.azfire.org)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Grover_Cleveland
This is great news. Even the Ninth Circuit is beginning to restrict the powers of Congress under the Commerce Clause. This is NOT a pro-porn ruling: the plaintiff can still be prosecuted under state law. It IS a move to restrict the federal government to something more like the powers the Framers intended.

I have to second the motion that this is a great ruling. The CC has been used to deny liberties of all kinds, and to justify the expansion of federal power in innumerable ways for many decades. It is about time.

However, I can't eliminate that inner voice that is telling me that Reinhardt did this to protect the pornographer and NOT to reduce federal power. I wouldn't trust that @$$hole until Saddam Hussein converts to Judaism.

3 posted on 03/21/2003 8:56:16 AM PST by Ancesthntr
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Grover_Cleveland
The dreaded 9th comes up big! Good news.
4 posted on 03/21/2003 8:57:03 AM PST by RJCogburn (Yes, it is bold talk.....)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Grover_Cleveland
bttt
5 posted on 03/21/2003 9:15:37 AM PST by Libertarianize the GOP (Ideas have consequences)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Grover_Cleveland
The Tenth Amendment should have as much enforcement power as the First. Actually, it is just a burned out hole, now, as federalization has become second nature to both political parties. I wonder who has standing to sue for the resurrection of Tenth Amendment enforcement?
11 posted on 03/21/2003 12:21:34 PM PST by gcruse (Democrats are the party of the Tooth Fairy.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Grover_Cleveland
Unfortunately, I expect many "conservatives" to attack this ruling as "9th Circuit defends child porn."
12 posted on 03/21/2003 12:23:22 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 1 | 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