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- Xref: sparky talk.politics.misc:69815 misc.legal:23314
- Path: sparky!uunet!optilink!cramer
- From: cramer@optilink.COM (Clayton Cramer)
- Newsgroups: talk.politics.misc,misc.legal
- Subject: Re: Necessary and Proper
- Message-ID: <14058@optilink.COM>
- Date: 25 Jan 93 17:59:00 GMT
- References: <1993Jan13.051154.12164@ucsu.Colorado.EDU> <1993Jan23.104902.25898@midway.uchicago.edu>
- Organization: Optilink Corporation, Petaluma, CA
- Lines: 58
-
- In article <1993Jan23.104902.25898@midway.uchicago.edu>, thf2@ellis.uchicago.edu (Ted Frank) writes:
- > In article <14021@optilink.COM> cramer@optilink.COM (Clayton Cramer) writes:
- # #Do you subscribe the view that the 1942 decision in which a farmer
- # #growing wheat FOR HIS OWN CONSUMPTION ONLY could be fined under
- # #authority derived from the interstate commerce clause? Is this an
- # #example of the application of "necessary and proper" to the
- # #regulation of interstate commerce?
- #
- # Yes. It was a stupid law, to be sure, but stupidity does not equal
- # constitutionality.
-
- Very true.
-
- # Economically, it makes no difference whether the farmer in question
- # is growing the wheat for his own use, or selling it to his next-door
- # neighbor.
-
- Economically, no.
-
- # Congress unquestionably had the power to regulate the interstate sale
- ^^^^^^^^^^^^^^^
- # of wheat. Allowing individuals to escape the regulation would have
- ^^^^^^^^
- # eviscerated the regulation. Therefore, the Court chose not to reach
- # the absurd result you would have them reach, which is that Congress
- # can only regulate interstate commerce when it is ineffectual in doing
- # so.
-
- You mean, the Court decided that wheat that was never sold, never
- left the farm, and so, never was part of "interstate sale of wheat,"
- was within the federal government's authority to regulate. LOOK WHAT
- YOU WROTE! The Court would have had to say, "There's no interstate
- commerce here -- you can't tell the guy what he can do."
-
- Mr. Frank, you are an intelligent person. Why have you so utterly
- accepted the Big Government Can Do No Wrong viewpoint? This is a
- clear case of stretching the federal government's authority FAR
- beyond any rational definition of "interstate commerce" and you
- STILL defend it.
-
- # ## And indeed, none of this has happened in the field of taxation.
- # ## The interpretation of "necessary and proper" in Court history has
- # ## followed Hamilton's guidelines.
- # #
- # #Gee, do you suppose Hamilton's statement was intended to cover
- # #any possibility besides taxation?
- #
- # I'm open to other examples.
- # --
- # ted frank | thf2@ellis.uchicago.edu
-
- You mean, his example was only intended to refer to taxation,
- and nothing else? Are you serious?
-
- --
- Clayton E. Cramer {uunet,pyramid}!optilink!cramer My opinions, all mine!
- "When freedom destroys order, order will destroy freedom." -- Eric Hoffer
- Not a goal, just a statement of reality.
-