Comment by semiquaver

1 day ago 

  > [Judge Edith Jones] also said that under the government’s logic, Congress could  criminalize virtually any in-home activity

Well, yeah. This is essentially the holding in Wickard v. Filburn, which seems to be in tension with this decision (overturning that would be great but it’s not the role of the circuit courts of appeal to do preemptively)

10 comments

semiquaver

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bcjdjsndon  3 hours ago

The law is something we made up... Of course you can criminalize anything, that's the whole point of the law!

  • joshuacc  28 minutes ago

    Sure. But by the text of the constitution (the thing we made up) Congress does not have the power to criminalize “anything,” but only things in specific areas. Everything else is left to state law.

Joker_vD  21 hours ago

Also, this line is quite funny on its own because while understand what she actually meant, it can be very easily reinterpreted as "only actions committed out-of-home should be crimes; murdered someone in your home? welp, our hands are tied, have a nice day".

  • amanaplanacanal  21 hours ago

    I think the point is that murder is handled by the states, not Congress. This is about what the federal government can do, not all government.

    • FuriouslyAdrift  19 hours ago

      Murder can be federal crime if it involves:

        * the murder is of a federal judge or a federal law enforcement official

  * the killing is of an immediate family member of a federal law enforcement official

  * the murder is of an elected or appointed federal official

  * the killing is committed during a bank robbery

  * the killing takes place aboard a ship at sea

  * the murder was designed to influence a court case

  * the killing takes place on federal property

      1 reply →

    • hackeraccount  20 hours ago

      This is the question I'd love to see asked to people running for President. Name something you think the States can do that the Federal government is prohibited from doing.

      2 replies →