Unanimous SCOTUS decision individuals charged w/ crime can challenge fed law under 10th am

[sailingaway]

10th amendment for violating state legal jurisdiction.

http://www.scotusblog.com/case-files/cases/bond-v-united-states?wpmp_switcher=desktop

 

[american.swan]

That sounds pretty good!! I'm going to read the whole opinion.

 

[nobody's_hero]

Good for the tenth amendment, but man, did you guys read what she did?

Don't mess around behind that woman's back.

 

[sailingaway]

Good for the tenth amendment, but man, did you guys read what she did?

Don't mess around behind that woman's back.

I assumed it was drugs, but looking at the opinion in the lower court, I find something else outrageous -- that the federal government is creating domestic criminal penalties by TREATY with other countries.

A grand jury in the Eastern District of Pennsylvania
cha rged Bond with two counts of posse ssing and using a
chemical weapon, in violation of 18 U.S.C. § 229(a)(1), a
c rimina l sta tute impl ementing the tre a ty obliga tions of the
United Sta te s unde r the 1993 Chemic a l We apons Convention.
The grand jury also charged Bond with two counts of mail theft,
in viola tion of 18 U.S.C. § 1708.

 

[Napoleon's Shadow]

http://www.cato-at-liberty.org/of-c...paign=Feed:+Cato-at-liberty+(Cato+at+Liberty)

 

[Anti Federalist]

I assumed it was drugs, but looking at the opinion in the lower court, I find something else outrageous -- that the federal government is creating domestic criminal penalties by TREATY with other countries.

Only if you are a Mundane.

Here's a case where government signed on to a treaty to prohibit CS gas in combat.

Of course the government is immune. It was widely used at Waco.

Use of CS in war is prohibited under the terms of the 1997 Chemical Weapons Convention, signed by most nations in 1993 with all but five other nations signing between the years of 1994 through 1997. The reasoning behind the prohibition is pragmatic: use of CS by one combatant could easily trigger retaliation with much more toxic chemical weapons such as nerve agents. Only five nations have not signed the Chemical Weapons Convention and are therefore unhindered by restrictions on the use of CS gas: Angola, Egypt, North Korea, Somalia, and Syria.[17]

Domestic police use of CS is legal in many countries, however, as the Chemical Weapons Convention prohibits only military use.

Military use of CS is prohibited, but was used there.

Domestic use of military equipment is prohibited, but it was used there.