Justice Thomas on why the Foreign Commerce Clause does not make Congress “the world’s lawgiver”
By Ilya Somin March 12
The Supreme Court recently refused to hear Baston v. United States, a case involving the scope of the Foreign Commerce Clause, which gives Congress the power to “regulate Commerce with foreign Nations.” Justice Clarence Thomas filed a forceful dissent to denial of certiorari (beginning at pg. 28 of the linked document), arguing that the Court should have taken the case in order to pare back federal overreach in this field and “reaffirm that our Federal Government is one of limited and enumerated powers, not the world’s lawgiver.”
The defendant in this case was prosecuted under a federal law that allows federal prosecutors to go after alleged sex traffickers even if the trafficking occurred outside the United States, so long as “the alleged offender is present in the United States.” Mr. Batson is a Jamaican citizen who was ordered to pay restitution for coercing a woman into sex trafficking while he was in Australia. The lower court ruled that Baston’s trafficking in Australia was within Congress’ jurisdiction because the Foreign Commerce Clause gives Congress the power to regulate any activity that “substantially affects” trade between the US and foreign nations, including – in this case – sex trafficking abroad.
Thomas outlines the troubling implications of this reasoning:
iprazhm: I live in Fl and Rubio used to be the Florida Speaker of the House. As Speaker, he refused to allow bills on the floor for a vote, that hindered illegal aliens. On CNN, he said that he's willing to take the right to own a gun from Florida citizens. Traitor
May 16, 2019 18:55:29 GMT -5
iprazhm: “I absolutely believe that in this country if you are 18 years of age, you should not be able to buy a rifle, and I will support a law that takes that right away,” U.S Senator Marco Rubio Fl qz.com/1213296/parkland-florida-shooting-fou
May 16, 2019 18:56:09 GMT -5
avordvet: If a citizen is old enough to carry a rifle in the military service, then they are old enough to buy/own a weapon and exercise their god-given natural right to self-defense.
May 21, 2019 4:37:28 GMT -5
iprazhm: I have come to believe that God placed Trump in office to help Israel, and nothing else. He is clearly not there to secure the republic or promote decency. Only when the people return to serving Christ, will our country return to being great again.
Jun 1, 2019 18:15:16 GMT -5
avordvet: Welcome thomas
Aug 12, 2019 14:49:27 GMT -5
avordvet: Welcome cloudbound1
Aug 16, 2019 4:01:08 GMT -5
walfred: Threat level-HIGH....Level of Readiness-MAXIMUM
Oct 7, 2019 1:54:10 GMT -5
iprazhm: Invaluable information.
Mar 23, 2020 14:40:22 GMT -5
avordvet: Welcome phatday3
May 19, 2020 4:12:22 GMT -5