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Supreme Court to hear case on mandatory minimum sentence
Posted by David Hardy · 9 September 2010 09:32 AM
Abbott v. US is set for argument on October 4. Here are the briefs, which include some interesting amici.
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Commerce clause, see Wickard, Lopez, Morrison, Raich, etc.
Once more: The feds have very limited punishment powers. There are no inherent or implied punishment powers.
If there were implied or inherent punishment powers, why did the Framers find it necessary to explicitly grant Congress the power to punish 1) counterfeiting of the current coin and securities, 2) piracies and felonies on the high seas, 3) offenses against the law of nations, and 4) treason. Each of these is an actual grant in the Constitution. If inherent or implied powers exist, then the process of debating these grants and their subsequent inclusion in the Constitution were simply a waste of time and energy by the Framers, and provide evidence that the Framers had no idea what they were doing. Heck, the government can do whatever it wants or claims or what have you so long as someone (usually the judges, who BTW are on the government payroll) says they can. But then 99% of the court decisions in the US are contrary to what should be the simple and common understanding of the contract known as the Constitution of the United States.
Thus the feds cannot constitutionally punish for anything outside the 4 listed points above. The separation of the punishment portion of all powers is explicitly demonstrated by the inclusion of specific punishment powers in the Constitution. Everyone punished by the fed outside the authorized areas has been punished illegally by the government. The feds can make the laws but the States must carry out the punishments since the the vast majority of police power was left to the States.