peach174
Gold Member
- Apr 24, 2010
- 26,444
- 6,993
This was about the overreach of the Federal Government who used an International Chemical Treaty Law to incarcerate Bond who served 6 years.
In the courts ruling 9 to 0 the Supreme Court ruled that the Feds can not use an international treaty law for what should have been a domestic family State law.
Paul Clement, Bond’s lawyer, argues that federal prosecutors had no business interfering with a local matter and charging his client under a section of the Chemical Weapons Convention Implementation Act.
Under the federal law, Bond was sentenced to six years in federal prison. Clement says if her prosecution had been left to state law enforcement, she would have likely been sentenced to around 25months. He says that while regrettable, her acts do not fall under the warlike conduct that the federal law is meant to target
This case raises fundamental questions about whether there are any limits on Congress’ authority to implement an international treaty,” Clement said.
Georgetown Law professor Nicholas Quinn Rosenkranz, who filed a brief in support of Bond on behalf of the libertarian Cato Institute, agrees.
“This case implicates a basic axiom of constitutional law, which is that federal power is limited,” he said. “The administration’s position in this case is inconsistent with that basic axiom. According to the Solicitor General, Congress’s power is not limited to the subjects listed in the Constitution; it can be increased, at will, by treaty.”
Rosenkranz urges the court to overturn the precedent. “The constitution gives Congress limited power and Holland seems to say that a treaty can increase that power, potentially without limit,” he said.
All of the Supreme Court agreed that the Feds can not have unlimited power over the States.
In the courts ruling 9 to 0 the Supreme Court ruled that the Feds can not use an international treaty law for what should have been a domestic family State law.
Paul Clement, Bond’s lawyer, argues that federal prosecutors had no business interfering with a local matter and charging his client under a section of the Chemical Weapons Convention Implementation Act.
Under the federal law, Bond was sentenced to six years in federal prison. Clement says if her prosecution had been left to state law enforcement, she would have likely been sentenced to around 25months. He says that while regrettable, her acts do not fall under the warlike conduct that the federal law is meant to target
This case raises fundamental questions about whether there are any limits on Congress’ authority to implement an international treaty,” Clement said.
Georgetown Law professor Nicholas Quinn Rosenkranz, who filed a brief in support of Bond on behalf of the libertarian Cato Institute, agrees.
“This case implicates a basic axiom of constitutional law, which is that federal power is limited,” he said. “The administration’s position in this case is inconsistent with that basic axiom. According to the Solicitor General, Congress’s power is not limited to the subjects listed in the Constitution; it can be increased, at will, by treaty.”
Rosenkranz urges the court to overturn the precedent. “The constitution gives Congress limited power and Holland seems to say that a treaty can increase that power, potentially without limit,” he said.
All of the Supreme Court agreed that the Feds can not have unlimited power over the States.