Chapter 320: Big Brother ...... Wrong...... The federal government is watching you!

320

Edward: "Actually, that's the end of my defense, but I want to say a little bit more, maybe it doesn't have much to do with the case itself, but what I want to say is what caused such a ridiculous case to happen?" You must know that even if the lawsuit reaches the High Court, nine old and frail guys will have to look at the map with reading glasses, which is incredible! ”

Judge Woodford: "You'd better control the time. ”

Edward: "Yes, Your Excellency"

Edward's "Constitution establishes a government that enumerates powers, meaning that the federal government is granted only those powers that are explicitly listed in the Constitution. This relatively brief list, contained in Article 1, paragraph 8, enumerates the appropriate objects of parliamentary legislation. Congress can:

Borrowing money, minting money, determining its value and punishing counterfeiters

Regulates trade with foreign nations, between states, and between Indian tribes

Establishment of naturalization regulations and bankruptcy rules

Establishment of post offices and construction of postal roads

Issuance of patent and copyright certificates

Establish a court lower than the Supreme Court

Punish pirates

suppressing rebellions, repelling aggression, declaring war, building up the army, maintaining the navy, establishing army and navy regulations;

Organization of the militia (giving the appointment of officers and the right to train the militia to the states).

I don't think you have any objection to this, right? Consider the recklessness of the United States in banning alcohol – which was implemented nearly 100 years ago. Nowhere in Article 1, paragraph 8 is there an enumeration of the power to "prohibit the manufacture, transportation or sale of alcohol in the United States". So when the Americans decided to ban alcohol nationwide, they went through an extremely complicated process to amend the constitution and give the federal government the power to ban alcohol. Fourteen years after the ban on alcohol, Americans have finally woken up. When they admit their mistake, they clumsily amend the constitution again to revoke this power. The 21st Amendment is the only amendment ratified to revoke a previous amendment. ”

Edward: "Officially, this clumsiness has earned us the respect of the whole world, because no political system before our country has been so careful to limit the unlimited expansion of the power of the central government, and the country across the sea that claims to represent the future of mankind is constantly thinking about strengthening the power of the central government, and the result? We've all seen it? Who is the world leader? ”

Edward: "Since 1933, when the 21st Amendment was ratified, Americans still had a constitutionally constrained federal government and the states' "labs of democracy," as Judge Louis Brandeis figuratively called them. The federal government's powers are strictly limited in order to give the state governments the majority of the governing power. Each state will govern differently, and the United States as a whole will be a huge testing ground for democracy.

"Well-governed states increase business and population. A poorly governed state will lose business and population. By looking at what other states are doing well, each state can learn how to govern better. With the risk of losing business and population, each state will have dynamics to use. The "labs of democracy" have had as much influence on the political life of Americans as competition has on their economic lives. ”

But who is ultimately tasked with deciding what exactly article 1, paragraph 8 should be interpreted? This is the crux of the problems that have led to all sorts of problems in the U.S. Constitution. The agency that ultimately decides what the federal government is authorized to do is itself a branch of the federal government. Not surprisingly, when it comes to a pinch, the Supreme Court usually upholds the delegation of power to the federal government.

This category of hazards reached its heyday in the 10 years following the ratification of the 21st Amendment. In 1942, the Supreme Court ruled in the case of Wikade v. Filburn. It's a dangerous start,"

It's also a bizarre case, followed by a bizarre verdict: Roscoe Philburn, an Ohio farmer, grows wheat on his farm to feed his livestock. In order to stabilize the price and supply of wheat, the U.S. government has imposed restrictions on wheat production. Filburn was ordered to pay a fine for planting more than was allowed. Philburn responded that his wheat was not sold, so it could not be managed as a business, let alone an "interstate" business (which the Constitution describes as "between several states... commercial").

The Supreme Court interpreted the "commercial clause" in Article I, Section 8, of the Constitution, which allows the U.S. Congress to "regulate trade with foreign nations, between states, and with Indian tribes." The court ruled that Fairburn's wheat cultivation activities reduced the amount of wheat he purchased on the open market for livestock feed, and that wheat was traded nationally and therefore interstate commerce, and thus fell within the scope of "commercial terms." Although Philburn produces relatively small amounts of wheat above his quota and does not affect interstate commerce per se, the cumulative impact of the actions of thousands of farmers like Philburn would be considerable. As a result, the court ruled that the federal government could regulate wheat production in Philburn.

Edward: "See, the federal government's reasoning - how similar is it to the interstate transportation of pornography in Belinda?" By the way, the BLM building bombing case I defended earlier, the federal prosecutors and the FBI also invaded the realm of state government power with this understanding, because the bombing would seriously affect interstate trade! And my client at the time of the Deep Throat case, Harry Remus, I think you should remember the treatment he received, the movie didn't show in Tennessee, he didn't go to it himself, but he was known for his hilarious 'alleged involvement in a nationwide conspiracy to engage in pornography.'"

Edward: "Okay, let's go back to Wikad v. Fillburn, where is the federal government's authority to legislate on the wheat market?" Because the word "wheat" is not found in the Constitution. Even so, the federal government's goal is clear: to keep wheat prices high enough to keep agricultural producers profitable. The Agricultural Adjustment Act of 1938 set a cap on how much wheat farmers were allowed to grow. By restricting supply, it will help keep wheat prices high. ”

"Philburn grows 12 acres more wheat than the law allows. Not only did he not sell the surplus wheat outside his hometown, but he did not sell it at all. He used the wheat grown in those 12 acres to feed his cattle.

Philburn was apparently not involved in commerce, let alone interstate commerce, but the Supreme Court (unanimously) ruled that because Congress had the power to regulate interstate commerce, it also had the power to prohibit Philburn from growing those 12 acres of wheat for his own use. What is the Supreme Court's "reasoning"?

If Philburn hadn't fed his cattle the extra wheat, he would have been forced to buy wheat on the open market. Even if the wheat he buys is grown in his home state, doing so will reduce the amount of wheat in that state that can supply other wheat buyers. As a result, some in-state wheat buyers will have to buy wheat from out-of-state. As a result, the Supreme Court held that Philburn's non-commercial activities were interstate commerce. ”

The "brain-burning argument" adopted by this ruling makes almost any activity by definition interstate commerce. Since the Wicarder case, whenever Congress wants to exercise a power not granted by the Constitution, members of Congress only need to make an argument that ties whatever they want to achieve to interstate commerce. Why? Because they know they can do bad things with impunity.

As a result, today we have the National Aeronautics and Space Administration (NASA), the Food and Drug Administration (FDA), the Department of Agriculture (USDA), the Environmental Protection Agency (EPA), federally funded student loans, Medicare, Medicaid, the federal legal minimum wage, and hundreds of other federal agencies, programs, and initiatives. Some of them do involve interstate commerce. ”

"Actually, most of them don't have any. And just 30 years ago, when we wanted the federal government to exercise a new power of prohibition, we went to great lengths to amend the Constitution. ”

"We have now reinterpreted the Constitution so unrecognizable that it has become a document that empowers the government rather than restricts it, that unelected bureaucrats are today exercising powers that the Constitution prohibits even Congress. Even if these bureaucrats are benevolent, selfless, and clear-sighted, they are unsettling; If they are not, it is extremely dangerous. ”

Edward: "Near-unlimited federal government power - the power of the FBI, the power of federal prosecutors!" Completely invaded into what was originally the state government. ”

"Just like today's lawsuit, let's admit it, shipping Belinda is nothing under New York State law!"

"But federal prosecutors and the FBI said because of the interstate, yes, maybe three or five minutes on the New Jersey ground! That's right! And then what? It's in an iron box. But that's a violation of federal law! Ridiculous, isn't it? This is not a judicial trial, in my opinion this is Chi Guoguo's ultra vires! The federal government continues to encroach on state rights, and they are becoming more and more powerful and insatiable. ”

"Today is a five-minute crossing, tomorrow maybe because everyone breathes the same air of the Union, if this continues, I think we might as well change our name to the Union of Socialist Republics of America, by the way, where are they still the Union of States, we are just the Union of States, but I want to ask, to the lower side is more free?"

Edward: "In the past, I would have laughed at prosecutors and agents and advised them to go to Crisp to fulfill their professional aspirations and get revenge. But today I won't."

"This case is actually very simple, and I believe that the judges, jury, and even the listeners here have already made a decision in their hearts. Yes, I took money from Mr. Larry Flint, and I have to defend his innocence, which is a requirement of my profession. But I also want to ask, what would be the consequences if Larry was found guilty today? ”

"One thing is clear, the F.B.I. will be working harder to delve into technical details, like a letter across state lines, a phone call across the ocean — and God, that's an international event." Welcome to 1984, everyone."

"Big Brother is watching you!" He coldly quoted the famous line, "I'm sorry, it should be, the federal government is watching you!" ”

"Thank you, Your Excellency, I'm done!"

There was silence.

Even Larry Flint didn't speak, he stared at Edward as if he had never seen him before.

Kamasipin quietly punched him, "Really fxxk beautiful, really!" ”

"Thank you," Edward whispered, his words draining almost all of his energy.

This is his killer feature.

The ...... of the Forum Tearing Up Dafa

Infinite Ascendancy!

Of course, there has to be a program to get up, and in this case, Prosecutor Abner and Agent Bill Cornell were indeed suspected of picking bones in the egg, so Edward was caught and hammered.

The cleverness, or insidiousness, of this defense strategy lies in.

Completely skipping the case itself, that is, whether "Belinda" is pornography or not, is no longer an important issue, he is inciting fear, inciting people's fear of an all-powerful federal government.

The process of the establishment of the United States was a constant compromise game between the states, and finally evolved from a confederation to a federal state, although today the United States is a standard normal country, but the fear of a strong centralized government at the time of the founding of the country is still working.

Human beings are always like this, they are afraid of what they fear the most, or they habitually think of the worst.

Plus the Red Empire across the sea is at its peak, and in this case, Edward's language induction is particularly effective, and almost everyone is wondering if compared to the expansion of the federal government's power and the invasion of state powers, FXXXK's "Belinda" is a hairy thing! He, Larry Flint, is playing this thing in Times Square publicly, and he's not a big deal! At most, the film is too badly shot to damage the aesthetics of New Yorkers.

But roar,

The federal government is going to spy on everyone, roar!

If it's okay, I'll sentence everyone and roar!

Backrest!

It's terrible!

Prosecutor Abner's face turned red: "Protest, I protest, the defender's words have nothing to do with this case, they have nothing to do with it, and I ask that they not be written in the trial record!" ”

Woodford Judge: "Protests are invalid"

When it was Abner's turn to wrap up, the scene was clearly out of control, and his old tune was repeated and the courtroom was immediately filled with yawns.

"It's comparable to a philosophy class at two o'clock in the afternoon," someone complained viciously

"Can I say a few words?" Larry Flint suddenly raised his hand.

Edward......

Carbamazepine......

The two of them trembled at the same time, what is this master going to do?

Everything that needs to be said has been said, the form is very good, and it is getting better and better, Uncle Larry, don't come to performance art......

Edward was an atheist, and began to pray in his heart.

"Yes, but watch out for your words, or I'll convict you of contempt of court," Judge Woodford said with a visibly smiling smile.

"Me! I'll just say a few words, I'm FXXK's patriotism, I love this country, really, I'm not suspicious of you, but I'm sure I love this country more than all of you, because I know that only the United States can tolerate me messing around! But my appearance did not cause the United States to suffer anything! Even, when I sent the pictures of the Bikini girls to my brother on the front line in Vietnam, you know how excited his company was! ”

Laugh.

Judge Woodford shook his head, but he didn't stop it, and in his old way, it was clear that Larry Flint was really moved by emotions at this moment.

"Really, I really love the United States." Larry Flint said with rare seriousness, "I feel that at the present time everything is perfect in the United States, and I do not want to change, and the wisdom of the founding fathers has been since 17...... Um, well, it worked since then, and it still works today. I don't know the law so I hired Edward, and he just spoke my heart! Really, I like our system, don't change it, let's go on like this, it's been almost 200 years, aren't we getting stronger and stronger! I believe that in the next 200 years, we will still be the strongest! Because we have the Constitution and the Declaration of Independence! I'm done! ”

Judge Woodford: "Thank you, Mr. Flint, for your frank words...... "He endured it for a long time to swallow the word shameless." ”

In the end, after listening to the jury, the verdict was pronounced in court, 2 to 1, and Larry Flint won the case!

It's not quite over.

Judge Mansfield later wrote a dissenting opinion full of vicious and caustic comments, although he insisted that he had not seen the film.

But I still firmly believe that "Belinda" is Chiguo's poignant yellow movie.

What's even more surprising is that he also uncharacteristically put the film description of "Belinda" written by Bill Cornell - that is, Ms. Belinda's X life explanation diagram as an attachment to the objection letter, and he did not state the purpose of putting this thing.

It is important to know that multiple copies of the objection to the trial are to be made and permanently filed and made available for public inspection at any time.

These items are included in the federal law compilation (summary) and then stored in the libraries or reading rooms of state superior courts, federal circuit courts, and major law schools.

Edward is also welcome, he doesn't mind occasionally playing a few unethical tricks, this thing is addictive.

He immediately wrote a commentary and published it in the New York New York News, ostensibly to briefly describe the defense of the case, but in fact secretly encouraged everyone to go to the Second Circuit Court to read the attachment to the dissenting opinion that was comparable to the fine article of "The Womanizer", especially at the end, he wrote in his usual caustic tone, "The experience of appreciating such words in the solemn and historic reading room of the Second Circuit may be the only time ......

Actually, this thing should be posted on "Womanizer", but he didn't dare, because if Larry Flint knew about it, he would probably sponsor the travel expenses or something, which would be too much and would make the judges unhappy.

...... after the article was published, the doors of the Second Circuit were crowded......

According to the cleaning workers in charge of the reading room, there have been sticky things on the floor or elsewhere in the reading room recently, and there are many suspicious paper towels......

At the end of the trial, Patrick Abner sarcastically said, "The government may lie to Chrysostom with the greyhounds that don't open it" – meaning that because cars can't speak, there's really no way to know which route they took. Meaning he won't appeal again.

However, after the appeal period passed, the bastard immediately sent a special request to the court to postpone the request for a stay of appeal.

The conduct is perfectly reasonable and lawful, but it is often used in difficult cases where the prosecution will ask for an extension to continue the search for evidence, or because it takes too long for a test to be results.

But in this case, all the details were picked out by Edward little by little, which can be said to be a wild line...... Witness to the prostitution dynasty.

According to his brother at the courthouse, Judge Mansfield granted the request almost immediately with gusto.

Obviously, they want to continue to do things.

Edward thought it was hilarious that Patrick Abner hadn't been on the right path from start to finish, whether it was suing Larry Flint from the five-minute New Jersey route or now asking for an extension of time to appeal.

These seem legitimate, but in the eyes of the circle, they are completely inconsistent with normal operating methods, and appear clumsy and annoying.

Larry Flint panicked about this.

Edward was relieved, and after hanging up Larry's phone, he went back to his study, and spent the afternoon and evening lying in front of the typewriter, typing out a six-page letter.

It is addressed to the Federal Ministry of Justice...... The recipient was Attorney General Clark, but in fact the letter was bound to fall on the desk of Deputy Attorney General Robert Burke.

The letter was written brilliantly, with a wide range of references, and the central idea was one thing: "Patrick Abner, this idiot, he proposed to extend the appeal period to put the entire Department of Justice on the fire, and I deliberately said that the issue of federal expansion was very serious because I wanted to defend the client, but fortunately, it is not very popular in the media at the moment, if it is a second trial, in order to win, I can say anything, and what I say is the truth." It's going to cause a lot of trouble for the federal government, so teacher, you veto that idiot, in fact the student didn't disgrace you, and if that idiot was garlic, he would be rubbed into garlic by me......"

Two weeks later, the Attorney General used his executive power to directly deny the appeal request for an adjournment, and the case ended perfectly!