Discussion in 'Congress' started by Kevin_Kennedy, Mar 18, 2009.
Can Congress Write Any Laws It Wants? by Andrew P. Napolitano
Short answer? Yes Congress can write ANY law it wants.
But the Judge meant do they have authority from the Constitution to write any laws that they want?
I've seen this argument played out in IRS cases, Social Security and even driver license cases. The patriot movement makes all kinds of claims about natural rights, mostly based on what they see as issues of citizenship and how it relates to one's obligation to obey practically any federal law. Some of the arguments are pretty sound if you step back and look at human existence from a very open perspective. The ideas are not all bad but they often end with a clash that few can win. In as much as I do like some of these ideas and the notions of ultimate freedom, if you get close to the major proponents of these ideas you might find that they are extreme in religious and racist tones.
The Randy Weaver case at Ruby Ridge is an exercise in what can go wrong. I always respected what the guy stood for, respected his right to live as he chose. I have never seen any evidence that he was deeply involved in any of the extreme groups. But he got close, became a target, broke a federal law by sawing off a shotgun and a shit storm ensued that he could not win. Do I think the whole thing was absolutely a joke and one hell of an extreme reaction for sawing off the barrell of a shotgun ? You're damned right I do. But you can't win. Not like that.
Sorry to stray a bit there off topic. But yeah, congress can write any law it wants.
I think the more important question is who must obey and who will enforce t.
We have to obey it, and the police with their guns will enforce it.
Well yes, that's the short version. But there are all kinds of federal laws that are not obeyed and no one to enforce them. Alaska was long out of step with the Federal law on marijuana and there was very little federal movement to enforce there. The state police were under no authority to enforce beause there was no state law.
Article 1 Section 9
No Bill of Attainder or ex post facto Law shall be passed.
Article 1 Section 10
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility
Just one example.
Did you bother to explain this to the President #43?
try the other 87 keys, liberace.
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