Supreme Court Nominee Struck Dumb on Commerce Clause


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Image by Harvard Law Record via Flickr

Another shining example of educated morons. Harvard Law is on a roll with all their graduates apparently illiterate when it comes to matters of our own Constitution. It is no wonder, the study of the Constitution is not a requirement in Harvard Law school, international law however is.

Makes sense we are turning out international lawyers who are now running our country according to the laws of third world dictatorships.

I wonder how much Federal Money goes to Harvard Law School?

Sen. Tom Coburn asked Elana Kagan a simple straightforward question: can the government, under the guise of the Commerce Clause, pass a law requiring Americans to eat three vegetables a day? The video of this exchange, which you can see
Ms. Kagan’s response is one of stupefied, stunned silence. A long awkward pause follows the question. Her reaction was so blank that it would be uncharitable to our antlered friends in the forest to describe her facial expression as that of a deer caught in the headlights.
James Madison, who, as you may recall, is the Father of the Constitution and therefore may be presumed to have more right to speak to this issue than the mind-numbed Ms. Kagan, made it clear in Federalist Paper Number 42 that the purpose of the Commerce Clause was to prevent states from imposing import and export taxes on goods shipped across their borders from neighboring states.
Merchants in the days of the founding, in order to get their goods to metropolitan centers or to shipping ports, would often have to transport them across state lines. States had taken to charging import taxes on these goods when they came into their jurisdiction and slapping export taxes on them when they left.
Madison and the Founders recognized the threat this posed to harmony among the States of the newly created Union. Said Madison, if this practice were allowed to continue, “it would nourish unceasing animosities, and not improbably terminate in serous interruptions of the public tranquillity.” So the Commerce Clause was added to prevent this pernicious practice.
Let’s be clear: the Commerce Clause, as framed by the Founders, gives Congress no authority other than to ban the imposition of import and export fees by the various States. That’s it.
The fact that Dean Kagan does not understand this is alone reason enough to disqualify her from sitting on the highest bench in the land.
It is perhaps unsurprising to find that it is possible to graduate from Harvard Law School without ever once taking a class in constitutional law. Dean Kagan made a class in international law obligatory, but a class in constitutional law is still just an elective.Read more at action.afa.net

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