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Clinton misbehavior not constitutional crimes

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Many people are shocked to find out, but under the Constitution, as strictly interpreted,

1. There is no authority to make bribery a crime, just a impeachable/removable offense (high crime or misdemeanor). So while what seems to have been done with the Clinton Foundation might have violated some state laws, the federal statutes that would seem to cover it are unconstitutional.

2. Disclosure of classified information is a kind of treason, but the Constitution does not grant Congress power to punish that either.

3. Pedophilia and other sex crimes are state crimes, not federal.

The FBI can investigate anything, but not charge federal crimes if there are none. Have to turn over their findings to the states.

The only crimes punishable under grants of power to Congress are counterfeiting, felony on the high seas, or offenses against the law of nations (which includes piracy), deprivation of the privilege of voting on several grounds, enslavement (13th Amendment), or deprivation  of rights by state actors (but not federal).

The commerce and necessary and proper clauses do not provide authority to make anything a crime, despite all the federal criminal statutes based on them (which are in turn based on one Court decision, Wickard v. Filburn).

Is any of this new to the people on this forum?


Source: http://constitutionalism.blogspot.com/2016/11/clinton-misbehavior-not-constitutional.html


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    • Anonymous

      she willfully destroyed states files ,and admitted to it. read us code 18 section 101 paragraff 272 ,that says it all. 3 years and fine and no public office. hillary its over for you and thats that.

      • Constitution

        18 USC 101: 272 is also based sole on the erroneous court case of Wickard v. Filburn. There is no constitutional statute that makes it a crime to destroy files, records, evidence or anything else. There might be a tort for destroying government property.

        It is easy to find statutes and codes that make acts federal crimes. But most of those are not authorized by the Constitution. Not even by the Commerce clause plus the Necessary and Proper clauses. Try to find authority in the actual Constitution. You won’t be able to do it.

        That is not to say the government might not prosecute them anyway, but ultra vires. Keep this in mind if you ever serve on a federal jury.

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