Tuesday, September 06, 2005
Supreme Court logic
But in 1995, the Supreme Court ruled 5-4 that the Gun-Free School Zones Act of 1990 was unconstitutional because what the act criminalized — possession of a firearm in or near a school — was purely intrastate innature, and its effect, if any, on interstate commerce was negligible. The principal dissent, by Justice Stephen Breyer, argued that a gun might produce violence which would affect the economy by, among other things, injuring the learning environment, resulting in a less productive citizenry.
Do you, Sen. Schumer, support that reasoning? If so, does not Congress have the power to promote a healthy and productive citizenry by mandating flossing and regulating homework? Does it matter to you that the original intent of the Commerce Clause was to ensure the free movement of goods and services among the states? Do you think that Madison, the foremost Framer of the Constitution, misunderstood the Constitution?
During debate on the 1964 Civil Rights Act, Hubert Humphrey, the Minnesota Democrat who was one of the principal sponsors of the legislation, denounced the "wholesale distortions" and "nightmarish propaganda" that the law would permit preferential treatment of an individual or group because of race or a racial "imbalance" in employment. Humphrey stressed that under the act no employer would be permitted to "take into consideration race" because it would "prohibit preferential treatment for any particular group." Tom Kuchel, a California Republican and another leading sponsor, said the legislation was "colorblind" and would prevent discrimination "in favor of or against a person because of his race." Are such assurances germane to judging the legality of what are called "race-conscious remedies"?
Do you, Sen. Schumer, support that reasoning? If so, does not Congress have the power to promote a healthy and productive citizenry by mandating flossing and regulating homework? Does it matter to you that the original intent of the Commerce Clause was to ensure the free movement of goods and services among the states? Do you think that Madison, the foremost Framer of the Constitution, misunderstood the Constitution?
During debate on the 1964 Civil Rights Act, Hubert Humphrey, the Minnesota Democrat who was one of the principal sponsors of the legislation, denounced the "wholesale distortions" and "nightmarish propaganda" that the law would permit preferential treatment of an individual or group because of race or a racial "imbalance" in employment. Humphrey stressed that under the act no employer would be permitted to "take into consideration race" because it would "prohibit preferential treatment for any particular group." Tom Kuchel, a California Republican and another leading sponsor, said the legislation was "colorblind" and would prevent discrimination "in favor of or against a person because of his race." Are such assurances germane to judging the legality of what are called "race-conscious remedies"?
