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Will: A hurt thumb and a stretched Constitution

  • (Associated Press)

This term, the U.S. 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' 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 laws enacted in excess of delegated governmental power cannot direct or control their actions.”

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