Comments on: Redacted http://techliberation.com/2007/05/10/redacted/ Keeping politicians' hands off the Net & everything else related to technology Mon, 13 Feb 2012 21:44:00 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Ned Ulbricht http://techliberation.com/2007/05/10/redacted/comment-page-1/#comment-50336 Ned Ulbricht Fri, 11 May 2007 19:15:07 +0000 http://techliberation.com/2007/05/10/redacted/#comment-50336 <p>This provides an apt visual metaphor for the effect of the Progress clause on the power granted to Congress by the Commerce clause.</p> <p><br></p> <p>Read very broadly, the Commerce clause power might be construed to encompass the grant of power explicitly provided by the Progress clause. But this very broad reading would be an error. This is a constitution being construed. The several clauses of Article I, Section 8 must be read in the context of the entire section. The Commerce clause may not be read to render the Progress clause superfluous.</p> <p><br></p> <p>The grant of Congressional power in the Commerce clause omits the powers granted by the Progress clause.</p> <p><br></p> <p>And where the Progress clause contains a limitation on the grant of Congressional power, the Commerce clause must not be read to circumvent that restriction.</p> This provides an apt visual metaphor for the effect of the Progress clause on the power granted to Congress by the Commerce clause.


Read very broadly, the Commerce clause power might be construed to encompass the grant of power explicitly provided by the Progress clause. But this very broad reading would be an error. This is a constitution being construed. The several clauses of Article I, Section 8 must be read in the context of the entire section. The Commerce clause may not be read to render the Progress clause superfluous.


The grant of Congressional power in the Commerce clause omits the powers granted by the Progress clause.


And where the Progress clause contains a limitation on the grant of Congressional power, the Commerce clause must not be read to circumvent that restriction.

]]> By: Ned Ulbricht http://techliberation.com/2007/05/10/redacted/comment-page-1/#comment-38237 Ned Ulbricht Fri, 11 May 2007 18:15:07 +0000 http://techliberation.com/2007/05/10/redacted/#comment-38237 <p>This provides an apt visual metaphor for the effect of the Progress clause on the power granted to Congress by the Commerce clause.</p> <p>Read very broadly, the Commerce clause power might be construed to encompass the grant of power explicitly provided by the Progress clause. But this very broad reading would be an error. This is a constitution being construed. The several clauses of Article I, Section 8 must be read in the context of the entire section. The Commerce clause may not be read to render the Progress clause superfluous.</p> <p>The grant of Congressional power in the Commerce clause omits the powers granted by the Progress clause.</p> <p>And where the Progress clause contains a limitation on the grant of Congressional power, the Commerce clause must not be read to circumvent that restriction.</p> This provides an apt visual metaphor for the effect of the Progress clause on the power granted to Congress by the Commerce clause.

Read very broadly, the Commerce clause power might be construed to encompass the grant of power explicitly provided by the Progress clause. But this very broad reading would be an error. This is a constitution being construed. The several clauses of Article I, Section 8 must be read in the context of the entire section. The Commerce clause may not be read to render the Progress clause superfluous.

The grant of Congressional power in the Commerce clause omits the powers granted by the Progress clause.

And where the Progress clause contains a limitation on the grant of Congressional power, the Commerce clause must not be read to circumvent that restriction.

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