Comments on: The Commerce Clause http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html the tao of criminal defense trial lawyering Wed, 17 Mar 2010 19:13:55 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Jeffrey Deutsch http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html/comment-page-1#comment-2634 Jeffrey Deutsch Thu, 17 Apr 2008 16:56:42 +0000 http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html#comment-2634 Hello Mark, Putting aside the Straussian hidden meanings, I completely agree with you. The Federal government has abused the Commerce Clause since 1937 (if not sooner) and we have been paying the price ever since. Interstate commerce means <b>interstate</b> commerce, not intrastate activities that might conceivably have an effect on interstate commerce. I've learned to stop being shocked at how many Americans feel to realize that - or to even care about interstate commerce. It's become just a mantra, an "abracadabra" that the Federal government recites before grabbing off yet more power. And I doubt that the <i>Lopez</i> decision has really changed anything in that regard. Cheers, Jeff Deutsch Hello Mark,

Putting aside the Straussian hidden meanings, I completely agree with you. The Federal government has abused the Commerce Clause since 1937 (if not sooner) and we have been paying the price ever since.

Interstate commerce means interstate commerce, not intrastate activities that might conceivably have an effect on interstate commerce.

I’ve learned to stop being shocked at how many Americans feel to realize that – or to even care about interstate commerce. It’s become just a mantra, an “abracadabra” that the Federal government recites before grabbing off yet more power. And I doubt that the Lopez decision has really changed anything in that regard.

Cheers,

Jeff Deutsch

]]> By: Mark Bennett http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html/comment-page-1#comment-2447 Mark Bennett Sun, 13 Apr 2008 20:28:49 +0000 http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html#comment-2447 Thank you very much. I usually conceal messages acrostically in my blog posts. In fact, the true meaning of my posts is often concealed. Thank you very much. I usually conceal messages acrostically in my blog posts. In fact, the true meaning of my posts is often concealed.

]]> By: shg http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html/comment-page-1#comment-2446 shg Sun, 13 Apr 2008 20:26:07 +0000 http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html#comment-2446 AHA! Brilliant. The first letter of each sentence! Well done. callipygian Main Entry: cal·li·pyg·ian Pronunciation: \?ka-l?-?pi-j(?-)?n\ Function: adjective Etymology: Greek kallipygos, from kalli- + pyg? buttocks Date: circa 1800 Definition: having a shapely buttocks AHA! Brilliant. The first letter of each sentence!

Well done.

callipygian
Main Entry: cal·li·pyg·ian
Pronunciation: \?ka-l?-?pi-j(?-)?n\
Function: adjective
Etymology: Greek kallipygos, from kalli- + pyg? buttocks
Date: circa 1800

Definition: having a shapely buttocks

]]> By: Mark Bennett http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html/comment-page-1#comment-2445 Mark Bennett Sun, 13 Apr 2008 20:22:53 +0000 http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html#comment-2445 David, Ron, I think it's the nature of government. Living things of all sorts follow (feel?) an imperative to increase their power: animals eat and mate; plants grow toward the sun; governments take away human freedom. Aha! Gotcha, SHG. Where to put "callipygian"? That's the puzzle that I had to solve, and now you get to solve it too! David, Ron, I think it’s the nature of government. Living things of all sorts follow (feel?) an imperative to increase their power: animals eat and mate; plants grow toward the sun; governments take away human freedom.

Aha! Gotcha, SHG. Where to put “callipygian”? That’s the puzzle that I had to solve, and now you get to solve it too!

]]> By: Ron in Houston http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html/comment-page-1#comment-2444 Ron in Houston Sun, 13 Apr 2008 20:17:51 +0000 http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html#comment-2444 It is an interesting phenomena how government just naturally wants to get bigger and expand its power. It is an interesting phenomena how government just naturally wants to get bigger and expand its power.

]]> By: shg http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html/comment-page-1#comment-2443 shg Sun, 13 Apr 2008 20:15:36 +0000 http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html#comment-2443 “beyond cavil” Check “breed discontent” Check “Hamiltonian brilliance” Check “six-shooter” Check “the commerce clause cannot be read too broadly to satisfy me…” Check (very imaginative) “callipygian” Ahem, do my eyes deceive me? A wonderful discussion of the commerce clause, and yet, there's something missing. “beyond cavil” Check
“breed discontent” Check
“Hamiltonian brilliance” Check
“six-shooter” Check
“the commerce clause cannot be read too broadly to satisfy me…” Check (very imaginative)

“callipygian” Ahem, do my eyes deceive me?

A wonderful discussion of the commerce clause, and yet, there’s something missing.

]]> By: David http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html/comment-page-1#comment-2441 David Sun, 13 Apr 2008 19:47:11 +0000 http://bennettandbennett.com/blog/2008/04/the-commerce-clause.html#comment-2441 I'm glad you brought this up because I've been meaning to write about it myself. One reason I went into criminal defense was my reaction to Justice Breyer's speech at my law school justifying the federal sentencing guidelines. He seemed to be saying "give them some time... we'll work the bugs out" which wasn't easy to do if you were one of the families caught in their web and doing time under them. Ironically it was a conservative former prosecutor turned great defense attorney who rebutted Breyer's arguments so well that inspired a few of us to go into criminal defense. I rail against the neocons a lot because of the excesses of the Bush administration but also realize that the expansion of federal power in the war on drugs, on crime and now on terrorism, has been a bipartisan effort. I’m glad you brought this up because I’ve been meaning to write about it myself. One reason I went into criminal defense was my reaction to Justice Breyer’s speech at my law school justifying the federal sentencing guidelines.

He seemed to be saying “give them some time… we’ll work the bugs out” which wasn’t easy to do if you were one of the families caught in their web and doing time under them. Ironically it was a conservative former prosecutor turned great defense attorney who rebutted Breyer’s arguments so well that inspired a few of us to go into criminal defense.

I rail against the neocons a lot because of the excesses of the Bush administration but also realize that the expansion of federal power in the war on drugs, on crime and now on terrorism, has been a bipartisan effort.

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