Reply #5: Two important points. [View All]

[eallen]

First, there is no Constitution process defined by which laws are "totally shot down the moment they're brought up." There is a Constitutional process for bringing cases to court. It is an interesting notion that the judiciary or some other body should review laws for their Constitutionality after Congress passes them. But the Constitution doesn't provide for that. It would require an amendment.

Second, many of the powers of Congress are quite far reaching. Consider, for example, the last two:

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Those, and previous powers related to defense, pretty clearly give Congress the power to define and prosecute crimes related to national defense, from which it follows that Congress can establish investigative agencies for that purpose, and the procedures for such investigations. That pretty much covers much of the Patriot Act. As a civil libertarian, there are parts of the Patriot Act I'd like to see struck down. But I think those parts run afoul of the Constitution in the Bill of Rights, not in the powers of Congress.