Tag: Commerce Clause

Categories
crime and punishment Tenth Amendment federalism

Atrocity Meets the Commerce Clause

federalism, Capital Building, Commerce Clause, federal, law, prosecution

There may be no better example of an evil, real-​world villain needing to get justice (good and hard) than the Pittsburgh synagogue shooter. 

Since he survived the shoot-​out, he must now be put on trial.

But by whom?

In Allegheny County Court, Pittsburgh police filed a 34-​count criminal complaint against the mass murderer. Meanwhile, the federal government has filed its own charges.

“The federal criminal complaint … charges him with 29 felonies, including 11 violations of 18 USC 247, which authorizes the death penalty for fatally obstructing any person’s ‘free exercise of religious beliefs,’” summarizes Jacob Sullum at Reason. “Such a crime can be prosecuted in federal court as long as it ‘is in or affects interstate or foreign commerce.’”

Yes, that’s the Constitution’s Commerce Clause being cited. You see, the guns used were — get this — not made in Pennsylvania.

Call it the insanity clause.

“There is no general, overarching federal police power,” Andrew C. McCarthy explains in National Review. “Under the Constitution, the states were supposed to handle virtually all law enforcement, and certainly all enforcement involving offenses committed wholly within their territories — common crimes of violence.”

Why flout this principle? Historian Brion McClanahan says the Republicans, in this case, just cannot help themselves — posing as the “law and order” party, they feel the need to be seen to “do something.” So Attorney General Jeff Sessions tortures the Constitution to intervene where the federal government does not belong.

Not only is the State of Pennsylvania constitutionally authorized to handle the Pittsburgh synagogue massacre, it is more than competent to do so.

The federal government should, for once, stick to its own constitutional business.

This is Common Sense. I’m Paul Jacob.

 

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Categories
free trade & free markets general freedom national politics & policies too much government

Commerce, Compulsion and the Constitution

Every once in a while a judge attends to the Constitution, and freedom lovers cheer wildly as if this were very strange, even wondrous. I guess it is, considered in light of the sweep of human history.

Should the Democrats’ “health care reform” package kick in fully, it would compel people to purchase medical insurance by punishing abstainers with a steep, extra tax. So hurray for Judge Henry Hudson of the federal district court in Richmond, according to whose recent decision the Commerce Clause of the Constitution does not empower Congress to point a gun to our heads and force us to buy health insurance.

If the Constitution could be honestly read that way, it would mean that the Founding Fathers had fought to replace British tyranny with an even worse home-​grown one. But no, no Founder thought that giving the federal government power to smooth trade relations among the states equaled authorization for universal, compulsory purchase of books, booze, bobby pins — or whatever Congress-​Approved “health care” delivery system some future central planners might concoct. Nor does it.

We’re not out of danger yet, obviously. There are many more battles to come, many other provisions of “Obamacare” that have yet to be challenged and quashed in courts or in Congress. But in any tough job, you need to accomplish the first step. 

Judge Hudson’s common-​sense conclusion sounds like a great first step to me.

This is Common Sense. I’m Paul Jacob.