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New Hampshire challenges feds?

Discussion in 'Politics, Elections & Legislation' started by wireguy, Jun 16, 2010.

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  1. wireguy

    wireguy TS Member

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    http://www.rumormillnews.com/cgi-bin/forum.cgi?read=175870

    This is the link to the alledged actual document. I still can't quite believe it.

    http://www.gencourt.state.nh.us/legislation/2009/HCR0006.html
     
  2. TMX-35

    TMX-35 TS Member

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    How's the trap shooting in New Hampshire?
     
  3. Ted K.

    Ted K. Member

    Joined:
    Feb 8, 2009
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    Location:
    Tiburon, CA
    Wireguy-

    Don't believe it. If you read farther down that web page, you'll see that

    1. the matter referred to is a resolution, not a law,

    2. the resolution was never adopted, and

    3. the resolution never even got out of committee.

    Moreover, the resolution rather disingenuously is couched in language similar to that found in the U.S. Constitution, particularly the Ninth and Tenth Amendments, implying that it consists of quotes from the Constitution. It does not. Here are the entire Ninth and Tenth Amendments:

    Article IX "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people."

    Article X "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People."

    The statement in the resolution that "all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force" is just complete and utter nonsense and does not appear anywhere in the Constitution. Article I, Section 8, Subsection 18 of the Constitution empowers Congress "To make all laws which shall be necessary to and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." One of those powers is the power to regulate interstate commerce (Art.I, Sec.8, Subs. 3)

    I don't like a lot of the legislation that has been recently enacted by Congress, but contending that it results in a nullification of the Constitution is just plain wrong. If the guy who wrote that crap is a lawyer, he should be disbarred for incompetence.

    Ted K.
     
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