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To: A.J.Armitage
One of Scalia’s major themes, and one which he has right, is that not everything bad is unconstitutional.

Thanks for the bump, but I disagree with you here. The argument is made by the citation from Scalia. This may or may not be bad policy, but even though Scalia appears to agree that it is bad, as he said that has no weight at all on the question of whether or not it is Constitutional. Policy questions are not up to the courts, but instead are for the legislative and executive branches of government, and the people, not the courts.

On the question of Constitutional justification for the legislation, I am not a lawyer, but from the viewpoint of policy, I consider that it is certainly arguable that the cards might be of benefit to the national defense (even if only by making cases against terrorists easier to prosecute). This being the case the authority for this would be included in the Power to Make War.

12 posted on 11/19/2001 10:16:59 AM PST by Lucius Cornelius Sulla
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To: Lucius Cornelius Sulla
Our government has made war for over 200 years without a national ID card and only lost once, and that loss had no conceivable link to not having ID cards, so under no interpretation of the Necessary and Proper Clause recognizable to any of the Founders, even Hamilton, could you make it fit.
17 posted on 11/19/2001 10:34:53 AM PST by A.J.Armitage
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To: Lucius Cornelius Sulla
This being the case the authority for this would be included in the Power to Make War...

...on the American People.

65 posted on 11/20/2001 4:37:51 AM PST by Wm Bach
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