AIS8C3
[The Congress shall have Power] To regulate
Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;
Samuel Johnson 1750 dictionary
To RE'GULATE.v.a. [regula, Lat.]
1. To adjust by rule or method.
Nature, in the production of things, always
designs them to partake of certain, regulated,
established essences, which are to be the models
of all things to be produced: this, in that crude
sense, would need some better explication. Locke.
2. To direct.
Regulate the patient in his manner of living. Wiseman.
Ev’n goddesses are women; and no wife
Has pow’r to regulate her husband’s life.
Dryden.
.
CO'MMERCE.n.s.
[commercium, Latin. It was anciently accented on the last syllable.]
Intercourse; exchange of one thing for another;
interchange of any thing; trade; traffick.
The word "commerce" was almost never used in
common parlance in the colonies or newly
independent states. A search of newspapers,
speeches, and letters of that time and place
finds few instances of it. The word is originally
French, and we have this from Emmerich de Vattel,
in his Law of Nations (1758), Book I § 92:
... commerce consists in mutually buying and selling all sorts of commodities.
Vattel was well-known and often cited by the Founders.
Note the PARTIES involved -- States, foreign Nations and Indian Tribes.
What has this to do with 'any "thing" or entity
that can or will affect interstate commerce'.
It simply doesn't.
It is ABSURD.
Regard$,
--MJ
To "regulate commerce with foreign nations, and
among the States, and with the Indian tribes." To
erect a bank, and to regulate commerce, are very
different acts. He who erects a bank, creates a
subject of commerce in its bills; so does he who
makes a bushel of wheat, or digs a dollar out of
the mines; yet neither of these persons regulates
commerce thereby. To make a thing which may be
bought and sold, is not to prescribe regulations
for buying and selling. Besides, if this was an
exercise of the power of regulating commerce, it
would be void, as extending as much to the
internal commerce of every State, as to its
external. For the power given to Congress by the
Constitution does not extend to the internal
regulation of the commerce of a State, (that is
to say of the commerce between citizen and
citizen,) which remain exclusively with its own
legislature; but to its external commerce only,
that is to say, its commerce with another State,
or with foreign nations, or with the Indian
tribes. Accordingly the bill does not propose the
measure as a regulation of trade, but as
"productive of considerable advantages to trade."
Still less are these powers covered by any other
of the special enumerations. -- Thomas Jefferson
At 02:50 PM 7/15/2013, you wrote:
Michael, in a sense, I agree with you. As an
example, how does the Federal Government have
jurisdiction over the criminalization of
drugs, which is codified in Title 21 of the
United States Code, and not at all in the U.S.
Criminal Code; Title 18. The same goes for pollution standards, in Title 33.
In another sense, I understand the logic,
because as you well know, the Congress'
jurisdicition extends over any "thing" or
entity that can or will affect interstate commerce.
Finally, whether we agree, or disagree, whether
we like it or we don't like it, that is the law of the land.
On Mon, Jul 15, 2013 at 2:44 PM, MJ
<<mailto:[email protected]>[email protected]> wrote:
But the US Constitution lists ... piracy,
counterfeiting, treason, violation of laws of
nations ... and no other crimes whatsoever ...
Besides, the dubiously ratified 14th from which
all these 'civil rights' are derived ... applies to STATES.
"No State shall make or enforce any law which
shall abridge the privileges or immunities of
citizens of the United States; nor shall any
State deprive any person of life, liberty, or
property, without due process of law; nor deny
to any person within its jurisdiction the equal protection of the laws."
What Law did Zimmerman 'put into effect'?
Regard$,
--MJ
"In our country the lie has become not just a
moral category but a pillar of the State" -- the
great Soviet dissident and literary figure,
Alexander Solzhenitsyn in December 1974.
At 02:33 PM 7/15/2013, you wrote:
It has been long ago decided that there is
nothing afoul of the double jeopardy clause of
the 5th Amendment, if in fact the State or
other municipality chooses to prosecute an
individual, and the Federal government also
chooses to prosecute. The theory of "Dual Sovereignty"
"The Constitutional Right not to be placed in
double jeopardy, being a vital safeguard in
American society, should not be given a narrow,
grudging application". See Green v. United
States, 355 U.S. 184; 2 L.Ed.2d
199, (1961); (c.f.; See Also Bartkus v.
Illinois, 359 U.S. 121, 131-133; 3 L.Ed.2d 684
(1959); a defendant prosecuted by two
sovereign governments for the same conduct may
on occasion be able to invoke double jeopardy protection.)
On Mon, Jul 15, 2013 at 2:20 PM, MJ
<<mailto:[email protected]>[email protected]> wrote:
Holder was all full of vim and vigor, talking
about how the U.S.D.O.J. was on the job,
looking at and reviewing what could be done in
the legal arena to continue the prosecution of Zimmerman.
Continue? Wasn't he declared 'not guilty' by a jury of strangers?
What is to continue -- specifically?
Regard$,
--MJ
"Show me that age and country where the rights
and liberties of the people were placed on the
sole chance of their rulers being good men,
without a consequent loss of liberty?" --
Patrick Henry, Speech on the Federal
Constitution, Virginia Ratifying Convention (5 June 1788).
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