Comstock Q

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Stringer Bell
Posts: 1909
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Comstock Q

Postby Stringer Bell » Sat Apr 28, 2012 10:41 pm

How is this related to an enumerated power? Is it that A1 section 8 gives Congress the power to do some shit that winds up necessitating imprisonment for folks violating commerce clause related laws and since it can imprison these folks Congress can pass some statutes regulating prisons?

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istara
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Joined: Wed Feb 02, 2011 10:05 pm

Re: Comstock Q

Postby istara » Sat Apr 28, 2012 11:52 pm

Stringer Bell wrote:How is this related to an enumerated power?

It's not.

Is it that A1 section 8 gives Congress the power to do some shit that winds up necessitating imprisonment for folks

I think I'm going to add this to my outline.

violating commerce clause related laws and since it can imprison these folks Congress can pass some statutes regulating prisons?

I didn't see it as having much to do with the commerce clause, actually. It seemed more like a direct expansion of necessary and proper with enough beating around the bush and numbering of useless factors to distract everyone from the fact that there was actually no underlying constitutional basis to uphold the law. (i.e. I don't usually agree with Scalia or Thomas.. but this time it's hard to avoid). YMMV




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