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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review

More evidence of a government run amok

By George Will



JewishWorldReview.com | This term the Supreme Court will rule on important subjects from racial preferences to restrictions on political speech, but its most momentous case, to be argued Tuesday, concerns the prosecution of a Pennsylvania woman who caused a chemical burn on a romantic rival’s thumb. The issue is: Can Congress’s powers, which supposedly are limited because they are enumerated, be indefinitely enlarged into a sweeping police power by the process of implementing a treaty?

Carol Bond, an immigrant from Barbados, who worked for a chemical manufacturer, is contesting a six-year prison sentence imposed because, when she discovered that her best friend was pregnant from an affair with Bond’s husband, she became distraught, perhaps deranged, and contaminated her friend’s car and mailbox with toxic chemicals. Federal prosecutors, who seem prone to excess, turned this local crime into a federal offense — a violation of legislation Congress passed to implement the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. Bond pleaded guilty to causing the thumb burn (which was treated by rinsing it with water) but retained the right to appeal on 10th Amendment grounds. That amendment, which the Supreme Court has called the “mirror image” of the Constitution’s enumerated powers structure, says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”



Two years ago, Bond argued in the Supreme Court that she had the right to object that her offense was not properly within federal jurisdiction. She won, the court ruling unanimously that an individual, not just a state, can raise 10th Amendment claims. Justice Anthony Kennedy wrote for the court that federalism does not merely set boundaries between governmental institutions for their own benefit, but also “protects the liberty of all persons within a State by ensuring that law enacted in excess of delegated governmental power cannot direct or control their actions.”

Bond’s case was remanded to a lower court, which considered her argument that Congress cannot broaden its powers using legislation that implements a treaty. She lost there. But a judge, although concurring in the ruling against her, called her case “a troublesome example of the federal government’s appetite for criminal lawmaking” (the federal criminal code includes more than 4,450 crimes). He hoped the Supreme Court would “clarify (indeed curtail) the contours of federal power” to intrude on local matters.

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Bond’s brief for Tuesday argues that the power to ratify treaties neither confers upon Congress a general police power nor guarantees the validity of implementing legislation: “The absence of a national police power is a critical element of the Constitution’s liberty- preserving federalism.”

The government says that only the prohibitions of the Constitution’s first eight amendments limit the government’s powers when implementing a treaty; otherwise, it is unfettered. Bond, however, has Alexander Hamilton on her side: In Federalist 84, he said that the entire Constitution, by its federal structure, “is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS.”

As Kennedy wrote in an earlier case, it is mistaken to believe “that the only, or even the principal, constraints on the exercise of congressional power are the Constitution’s express prohibitions.” The Constitution’s “structural provisions” are not, Bond’s brief argues, “second-class citizens” among the document’s “liberty-protecting provisions.”

In a 1920 case, Justice Oliver Wendell Holmes, whose deference to Congress often was dereliction of the judicial duty to stymie legislative excesses, said that if a treaty is valid, what Congress does to implement it is “necessary and proper.” A paper by the libertarian Cato Institute responds:

“If Holmes was correct, the treaty power can be used to undo the carefully wrought edifice of a limited government assigned only certain enumerated powers. That those who drafted and ratified the Constitution intended to bury such a dormant time bomb in their handiwork is too much of a stretch to be seriously entertained.”

No one argues that Bond intended to kill with the bright orange chemical her victim easily detected. And the federal government did not intervene in the Bond case because her action threatened a distinctly federal interest. It intervened because it thought it could: Government’s will to power is an irresistible force until it meets an immoveable object — a court. Which is why our Constitution requires not judicial deference but active judicial engagement in defense of its liberty-protecting structure. And why the case of the mildly injured thumb matters so much.

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George Will's latest book is "With a Happy Eye but: America and the World, 1997-2002" to purchase a copy, click here. Comment on this column by clicking here.

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