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Comment Re:I hope it's rushed through (Score 1) 2044

It's not really the 10th amendment that is going to govern this issue. This issue will be governed under the commerce clause of the constitution. This means Congress will get to do it. Right now, legal scholars have a great debate going on concerning the commerce clause. The SCOTUS has defined it so broadly that just about anything that Congress wants to do it can in the name of interstate commerce. Healthcare is something that affects commerce across the states. That means Congress has a very broad discretion to meddle into it. This legacy comes down from the reinterpretation of both the general welfare clause and the interstate commerce clause that occurred in the same era as New Deal legislation.

In Modern times, the 10th amendment is (normally) only violated when Congress attempts to commandeer a legislative or other process of the states. An example is the old laws where: Congress provides that each state must arrange for toxic waste disposal of waste generated within its borders. Congress requires the state to "take title" of the waste if it fails to comply and thus become liable for tort damages stemming from it. (New York v. United States) Congress can't compel state legislatures to enforce federal policy under the 10th amendment.

Another example is administrative offices: Congress can not compel a state's sheriff's to perform background checks on applicants for handgun permits. (Printz v. US) Congress can make it illegal and enforce it with federal agencies, but they can not force a state agency to do anything specifically to enforce federal policy.

As for the commerce clause, generally, Congress may enact laws that cover four broad categories:

1. The Channels of interstate commerce: This covers the regulation of highways, waterways, and air traffic.
2. The instrumentalities of commerce: This refers to people and machines (trains and semi trucks) used in carrying out commerce.
3. Articles moving in interstate commerce: The goods themselves crossing state lines etc.

And finally the big catch all that gives them so much power:

4. Anything "substantially affecting" commerce: So long as the activity is "arguably commercial" then it doesn't matter if the particular activity itself directly affects interstate commerce so long as it is part of a general class of activities that, collectively, substantially affect interstate commerce.

Medical insurance falls into category 4. You can't buy insurance over state lines. That means that most "particular instances" of insurance are not interstate commerce. However, taken collectively, insurance has a substantial affect on commerce when you look at it countrywide. Now, you can see all kinds of examples where this will make Congress have an almost unlimited right to legislate. So many things, when taken in the aggregate, fit this definition. Legal scholars are still wondering what exactly can Congress -not- do? Only a few recent cases have put any real limits on it. It's sad, but we are now seriously waiting to not find out if Congress -can- do a thing.... We're asking "is this one of the rare instances where they -can't- do it?"

It's messed up, but that's the current state of constitutional law.

Comment Re:really? (Score 1) 269

I think you are also confused. There is a constitutional right to movement. Read Crandall v. Nevada.. In modern Constitutional law theory this would fall under substantive rights protected under the 5th and 14th amendments. They are rights "implicit in the concept of ordered liberty." For an overview of some of these legal theories see: Palko v. Connecticut. They had their most recent iterations by the court in Roe v. Wade, Planned Parenthood v. Casey, and Raich v. Gonzalez. The right of movement is required in order to allow for free persons to participate in government. You have to be able to get to D.C. sometimes to petition for grievances.. (million man march anyone?). Perhaps before you go about with derogatory terms like "homeslice" and then name a specific freedom that is constitutionally protected by fundamental process and claim it isn't "a constitutional right" you should at least perform a cursory study in the jurisprudence of fundamental due process. However, I have no qualms about the rest of what you said. Criminal Procedure jurisprudence is indeed designed for people under suspicion but not yet proven guilty.

Comment Re:Right to Free/Open Speech (Score 1) 638

The Constitution specifies, among other protected rights, that we cannot be slaves - prohibiting not just the government from owning slaves.

That's actually incorrect. There is an amendment prohibiting a "person" from owning another "person" and we also fought a war over this premise. However, it is elgal for the government to own a person. Just ask any of the many military personnel in the US who were courts martialed and/or received nonjudicial punishment for "willful destruction of government property" when their reckless behavior resulted in an injury. These cases are for as little as getting a severe sunburn from falling asleep on the beach that results in missing work. Is it against the spirit of the constitution? Absolutely.. Is it the current state of the law? Absolutely not. It always amazes me how many people don't realize that the government can own people. I'm just glad no corporation has stretched the rational to try to own a person. The governments argument is that the war and the amendment forbid "people" not the government from ownership.

Role Playing (Games)

Don't Hold Your Breath For FFXIII 82

IGN is reporting that the next chapter in the Final Fantasy series, Final Fantasy XIII, has barely gotten into the production phase. "According to Sony's press materials, the highly anticipated RPG sequel is now 13% complete. Yes, a low, unlucky completion percentage. But thankfully it's not as low as Final Fantasy Versus XIII, which is listed as 1.3%!" And remember, even if it's completed sometime late next year or early in 2009 folks in the states will probably have a wait while the game is localized.
Wireless Networking

IPhones Flooding Wireless LAN At Duke 441

coondoggie sends us to a Network World story, as is his wont, about network problems at Duke University in Durham, N.C. that seem to be related to the iPhone. "The Wi-Fi connection on Apple's recently released iPhone seems to be the source of a big headache for network administrators at Duke. The built-in 802.11b/g adapters on several iPhones periodically flood sections of the school's wireless LAN with MAC address requests, temporarily knocking out anywhere from a dozen to 30 wireless access points at a time. Campus network staff are talking with Cisco, the main WLAN provider, and have opened a help-desk ticket with Apple. But so far, the precise cause of the problem remains unknown. 'Because of the time of year for us, it's not a severe problem,' says Kevin Miller, assistant director, communications infrastructure, with Duke's Office of Information Technology. 'But from late August through May, our wireless net is critical. My concern is how many students will be coming back in August with iPhones? It's a pretty big annoyance, right now, with 20-30 access points signaling they're down, and then coming back up a few minutes later. But in late August, this would be devastating.'" So far, the communication with Apple has been "one-way."
The Courts

Submission + - RIAA Directed to Pay $68,685.23 in Attorneys Fees

NewYorkCountryLawyer writes: "In Capitol v. Foster, in Oklahoma, the RIAA has been directed to pay the defendant $68,685.23 in attorneys fees. This is the first instance of which I am aware of the RIAA being ordered to pay the defendant attorneys fees. The judge in this case has previously criticized the RIAA's lawyers' motives as "questionable", and their legal theories as "marginal" (pdf). Although the judge had previously ordered the RIAA to turn over its own attorneys billing records, today's decision (pdf) made no mention of that the RIAA had spent in paying its own lawyers."

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