Thursday, September 15, 2005

Ann Althouse On Senator Feinstein

Ann Althouse:
"Here's the part I heard in the car that lowered my opinion of Feinstein:

Commerce clause, the 14th Amendment, Lopez, which began a chain of about 36 cases, striking down major pieces of legislation. It's not easy to get a bill passed here. I mean, there are hearings, there are discussions, there are markups, there's one house, there's another house, there's a president.

It goes through most of the time scrubbed pretty good before it gets to the president.

Gun-free schools -- struck down in 1995, an impermissible use of the commerce clause.

'96, Moses Lake, Washington -- shooting in a school. '97, Bethel, Alaska, principal and one student killed. '97, Pearl, Mississippi, two students killed and seven wounded by a 16-year old. 1997, West Paducah, three students killed, five wounded.

Stamps, Arkansas, two students wounded. Jonesboro, '98, four students, one teacher killed; 10 others wounded outside West Side Middle School. Edinboro, Pennsylvania, one teacher killed, two students.

And on and on and on -- an impermissible use of the commerce clause to prohibit possession of a weapon in schools.

Now, at what point does crime influence commerce?

Why did I dislike that so much? Because there is a complete disconnect between the legal question, the scope of the Commerce Clause, and the rhetorical listing of victims of violence. Is the listener not supposed to notice that there are state laws against murder that don't prevent all murders? Why would a federal law against gun possession have been more effective? Or is one of Congress's enumerated powers the power to show it cares?"

Yes, I think that is one of Congress's enumerated powers, isn't it? She comments on most of the rest of Senators, and I thought it was fun. You might want to read all of it.

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