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View Diary: Everyone siding w/Scalia, Thomas on "sexually dangerous" persons case are wrong (51 comments)

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  •  Detaining people was the specific law at issue (0+ / 0-)

    but not the Constitutional right at issue.  Decision specifically cites the 10th Amendment, and ties it to statutes in existence since 1949, basically saying this is no different from current law.  This does not expand detention rights, the law being questioned only added a category to one that already existed, those mentally incompetent people deemed to dangerous to be released.  So if you have a complaint in regards to detention, it predates this SCOTUS decision.  All this decision did was affirm existing laws on the books and the right of the Congress to use their necessary and proper powers to protect citizens from dangers the state is unwilling or unable to protect them from.  Overturn this decision and you place the tenth amendment above the right of Congress to do what is necessary to protect its citizens.  Thomas and Scalia agree, because placing the 10th Amendment above the necessary and proper clause is the dream of every Republican, conservative or Tea Party activist in America.

    The only thing we have to fear is fear itself - FDR. Obama Nation. -6.13 -6.15

    by ecostar on Mon May 17, 2010 at 03:12:03 PM PDT

    [ Parent ]

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