'The Constitution and Freedom,' Part 2

[dferris85]

Napolitano purposefully fails to say anything about one important explicit power in Art. I- the power to make all laws "necessary and proper" to carry out the other enumerated powers. Thus, the central bank. Also, he gives an ignorant reading of the commerce clause. Remember, it says "among" the several states! Any reasonable person versed in linguistics could take the inference

[wannabestudd]

Do you really think that necessary and proper means congress can regulate how hard the water pressure in your shower can be. How many lobsters you can hunt. A central Bank is not necessary and proper. The founders were against a central bank, they had seen the hyperinflation of the continental dollar and knew what money powers could do. They only had one because Alexander Hamilton fought and clawed his way to getting one. But eventually jeffferson won

[dferris85]

I understand your sentiment. But if you read McCulloch v. Maryland, Justice Marshall (appointed by the President) took a textual view of the phrase "necessary and proper." While "necessary" implies a strict nexus between the means taken to fulfill an enumerated end, the placement of the word "proper" loosens its construction. While there must still be a "fit" between the ends and means, it is not as strict as you would like to believe. Also, the regulation of lobsters is from the Commerce Clause

[wannabestudd]

Yeah well I understand where your coming from. But Iam a strict constitutionalist. To be perfectly honest I dont care what the Supreme Court says just because they have gotten so many things wrong. I know the law isnt with me on this one but I do believe the constitution is with me. There is a difference, most supreme court judges dont really interpret the constitution, they promote their own agenda.

But I respect your comment no animosity here

[dferris85]

I do agree with you that many Justices have just gotten it wrong on a number of occasions. Also, there is tragedy in our laws. On one hand, the Supreme Court is deciding what the law is (per the Constitution), and thus a group of 9 people, unelected, have a huge effect on our country. But on the other hand, this may be necessary to mitigate the prospects of tyranny by the majority. This is why I think we must balance original intent with an adaptation to the times. Nice to have a friendly debat

[hangover71]

Judge Napo.  rocks.!!

[MsWanderer1]

I think it's time for the Supreme Court to end the farce of congressional laws that that the congress has no right to enact. States must act to take back their rights by calling for a new continental congress.

[JustMePA]

This is great for my elementary school aged children! Can't wait to show it to them.

[SpringChatty]

:O)

[Azadie2]

This is what the Shahzade reza Phalavi THE PRINCE OF ERAN/IRAN should do. Write the constitution . He is the only one at this time can be,and the ONLY great candidate outside of ERAN/IRAN whome can be the dream come true for the future of IRAN/ERAN. VIVA FREEDOM

[kmg501]

The federal government has been massively out of control for decades if not over 100 years. So many people really believe that it ought to be the way it is now and don't realize that it is vastly out of balance with what our constitution designed.

[Brodie420420]

shouldn't we learn this in school?

[WMHJrDOL]

@Brodie420420 We better damn well start!

[VigilantOutlaw]

Us voters have been complacent way too long voting for the (D) and (R), now we must vote for the person who has our Country and Constitution at heart instead of the party. "We The People" must rise up and take back our Great Country!!!

Thank God for people like Judge Andrew Napolitano!

[aeiouandxyz]

Thank God for Judge Andrew Napolitano and his expert views on the Constitution.

[ccantwell6]

Measure your freedom by how much you alone decide how your own labored money is spent.

[tutuitibitete]

Simply incredible video. Perfect.

[rubanban5]

Congress has been overreaching far too long, we must cut them back like ivy.

[thane17]

Peter Schiff for CT Senate 2010!!!

[muhls]

@thane17 he has a phone bank going on. go to his site sign up..make phone calls. get this guy in senate with ran paul.

[Netrocker777]

THANK YOU FOX NEWS for posting this. You Rock!!!

Every American needs to watch this TODAY! We're on a slippery road folks!

[rubanban5]

@Netrocker777 I rather thank the Judge

[Netrocker777]

Absolutely. THANK YOU Judge Andrew Napolitano. YOU ROCK!!!!