Wednesday, January 30, 2002

Instipundit makes the case that the ever-popular Commerce Clause of the Constitution might not be useable to ban cloning. Use of the clause has been shot down by the Supreme Court in a number of cases where there wasn't significant interstate commerce in the thing being legislated, such as banning the possession of guns near schools. However, here's the beginning of Article 1, Section 8 (italics added) of the Constitution

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

If cloning is a bad thing for the country, could we use the "general welfare" clause to ban it? It's one heck of a stretch and I don't like the precedent (since you can fit nearly anything under that tent), but that might work, unless past Supreme Court rulings shoot down such loose applications of "general welfare."

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