Talk:United States v. Harris

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"Ku Klux Case"

@Eastlaw: You added this alias in 2006; an IP changed it to "Kase" in 2020 without comment. Try as I might, I can't find any sources using the term (with either spelling) that predate your edit—in other words, I can't rule out citogenesis. Do you happen to recall where you'd seen that phrase at the time you added it? -- Tamzin^{[cetacean needed]} (she|they|xe) 05:12, 23 December 2022 (UTC)[reply]

10th Amendment Issue

The summary of this case is not quite accurate as the SCOTUS provides an interpretation of "alignment" or "misalignment with the Constitution and not constitutionality. In this case the court "decided" that the subject not specifically expressed in the Constitution automatically falls under the 10th amendment.

Inasmuch as the language of the Wiki summary states the Federal Government's right to penalize the summary is inaccurate. The issue is the Fed gov right to legislate that is not conferred as a direct power granted by the Const.

A group of Admins for Wiki with legal background should discuss this and agree on better language

SECOND POINT: there were 4 African American Men who were removed from jail and the defendants centered their case on the idea the Fed gov had no right to legislate opinion of bias. The SCOTUS took broad authority to sweep into consideration that not presented by the defendants and then decide. Again this needs to be discussed as a group and then updated appropriately

************

Article X of the amendment to the Constitution declares that

"The powers not delegated to the United States by the Constitution nor prohibited by it to the states are reserved to the states respectively or to the people."

Mr. Justice Story, in his Commentaries on the Constitution, says:

"Whenever, therefore, a question arises concerning the constitutionality of a particular power, the first question is whether the power be expressed in the Constitution. If it be, the question is decided. If it be not expressed, the next inquiry must be whether it is properly an incident to an express power and necessary to its execution. If it be, then it may be exercised by Congress. If not, Congress cannot exercise it."

Sec. 1243, referring to Virginia Reports and Resolutions, January 1800, pp. 33-34; President Monroe's Exposition and Message of May 4, 1822, p. 47; 1 Tuck.Black.Com.App. 287-288; 5 Marshall's Wash.App. note 3; 1 Hamilton's Works 117, 121.

The demurrer filed to the indictment in this case questions the power of Congress to pass the law under which the indictment was found. It is therefore necessary to search the Constitution to ascertain whether or not the power is conferred. RFAvaria (talk) 04:15, 15 September 2024 (UTC)[reply]