In a case that may affect the healthcare overhaul, the justices vote 7 to 2 to give Congress 'broad authority' to enact all laws that are 'necessary and proper' to carrying out its constitutional power.
By David G. Savage, Tribune Washington Bureau
The Supreme Court set a potential blueprint Monday for upholding the recently enacted healthcare law and its mandate that all Americans have insurance, saying Congress has a "broad authority" to pass laws that are "rationally related" to its constitutional aims.
The Constitution not only gives Congress the power to regulate interstate commerce, the justices said, but the authority to enact all laws that are "necessary and proper" to carrying out this authority.
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The "choice of means" for carrying out its aims is left "primarily … to the judgment of Congress," said Justice Stephen G. Breyer in U.S. vs. Comstock.
The ruling arose from a constitutional challenge not to the healthcare mandate, but to the federal authority to hold sex criminals after they have completed their prison terms. Fifteen years ago, the court upheld similar state laws, so this case involved only the reach of federal power.
Last year, a federal appeals court in Virginia struck down the law that authorized federal prisons to hold sex criminals who are deemed dangerous. Its judge said Congress "had exceeded its authority" in passing this part of the Adam Walsh Child Protection and Safety Act of 2006.
The case was the first clear test of federal authority to come before the high court in five years, and was argued just as Congress neared final passage of the broad healthcare law. In January, Solicitor General Elena Kagan, now President Obama's nominee to the court, appeared before it to defend a broad reading of congressional power in the Comstock case.
At the same time, conservative "tea party" activists, among others, were insisting that the Constitution tightly limits the power of Congress. They contend that the health insurance mandate should be struck down because it exceeds the power given to Congress.
For its part, the Obama administration said it planned to defend the mandate as a necessary means of regulating the cost of health insurance nationwide.
In the sex offender case, the court upheld by a 7-2 vote Congress' power to authorize holding sex criminals beyond their sentences. Breyer's opinion, which spoke for five of the justices, said Congress can do what it deems necessary to carry out its constitutional authority.
Although the Constitution does not say that Congress can establish crimes or prisons, Breyer said, Congress can regulate interstate commerce — and most federal crimes, such as drug trafficking, have a clear interstate link. So if Congress can send criminals to prison, it can also require that they be held indefinitely if they are deemed dangerous, he said.
Quoting 19th century Chief Justice John Marshall, Breyer said Congress may use "all means which are appropriate" to carry out its constitutional powers.
Breyer also rejected the notion that such prison terms invade the sovereign terrain of the states, a complaint voiced in this case and in the debate over healthcare. It is true the 10th Amendment limits "powers not delegated to the United States," Breyer said. If Congress has a delegated power, such as over interstate commerce, it may regulate it in a way that infringes on the state's authority, he said.
Chief Justice John G. Roberts Jr. and Justices John Paul Stevens, Ruth Bader Ginsburg and Sonia Sotomayor joined Breyer's opinion.
Justices Anthony M. Kennedy and Samuel A. Alito Jr. agreed with the outcome, but took issue with parts of Breyer's broad statement of congressional powers.
Roger Pilon, vice president of the libertarian Cato Institute and a critic of the healthcare law, called Breyer's opinion "a breathtaking expansion of federal power. It could pave the way for the court to find that Congress has the power, with Obamacare, to order individuals to buy healthcare from private vendors."
Only Justices Clarence Thomas and Antonin Scalia set out the small-government theory of congressional power voiced by those challenging the constitutionality of the health insurance mandate. Thomas said Congress had only the "powers enumerated in the Constitution," and holding prisoners beyond their terms goes beyond a specific enumerated power.
Five years ago, in its last major opinion on congressional power, the court upheld the authority of federal agents to raid the homes of Californians who grew marijuana for personal use. Even though some of the justices questioned this federal power, they said that because Congress can regulate the national market in marijuana, it can punish those who grew marijuana for their own use.
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Monday, May 17, 2010
Metal Community Pays Tribute To Ronnie James Dio
The hard rock community was in a state of mourning as artists rushed to pay tribute to iconic elder statesman Ronnie James Dio, who died on Sunday at the age of 67 from stomach cancer.
Tony Iommi, who worked with Dio in Black Sabbath and its latest incarnation, Heaven and Hell, was among those weighing in, saying in a statement that since hearing the news, "I've been in total shock. I just can't believe he's gone. Ronnie was one of the nicest people you could ever meet, we had some fantastic times together. Ronnie loved what he did, making music and performing on stage. He loved his fans so much. He was a kind man and would put himself out to help others. I can honestly say it's truly been an honor to play at his side for all these years. His music will live on forever. Our thoughts are with Wendy Dio who stood by Ronnie until the end. He loved her very much. The man with he magic voice is a star amongst stars, a true professional. I'll miss you so much my dear friend. RIP."
Heaven and Hell had planned to tour this summer to continue supporting its most recent album. Those dates were canceled, however, as Dio's condition -- which his wife and manager Wendy Dio revealed in November -- worsened. Organizers of Britain's Download festival plan to rename its second stage the Ronnie James Dio Stage in the singer's memory.
At their show Sunday night at Lazerfest near Des Moines, Iowa, Alice Cooper and his band inserted a bit of Sabbath's "Heaven and Hell" into their final song, "Under My Wheel," dedicating it to Dio. Bassist Chuck Garric played with Dio prior to joining Cooper's band, and both Cooper and Garric taped a special segment for the syndicated "Nights With Alice Cooper" radio program talking about their late friend.
"We used to have a lot of fun with Dio on the road," Cooper recalled. "(Drummer) Eric Singer could not help from going 'Holy Diver!' as loud as he could to the point where the manager finally says, 'Could you stop doing that? It's starting to annoy Ronnie.' And of course you don't say that to Eric Singer, because that just means he's going to double the efforts."
Garric added that Dio was "such a genuinely nice guy and welcomed me with open arms. From the moment I walked into the rehearsal rooms to audition, I felt at home...It was one of the greatest moments of my life, and it had changed my life. I owe him everything."
Over at Metallica.com, drummer Lars Ulrich posted a moving "A Letter to Ronnie," crediting Dio as "one of the main reasons I made it into the stage to begin with," saying that he first saw Dio as a member of the band Elf in 1975, opening for Deep Purple. "I was completely blown away by the power in your voice, your presence on stage, your confidence..." He also recalled going to the Plaza Hotel in Copenhagen when Dio came through with Blackmore's Rainbow and being impressed that Dio was "so kind and caring...I was on top of the world, inspired and ready for anything." Ulrich concluded that, "Ronnie, your voice impacted and empowered me, your music inspired and ifluenced me, and your kindness touched and moved me. Thank you."
Chickenfoot's Michael Anthony told Billboard.com that he used to cover "Man on the Silver Mountain with Van Halen and sharing the stage with Dio at some European festivals. "He was a great guy," Anthony said. "I remember when we opened for them, all of us were back at the hotel having some drinks; it was his birthday, and I remember us all just hanging out, and he was just a great guy, definitely a driving force in hard rock music."
Killswitch Engage, whose 2006 cover of Dio's "Holy Diver" was the group's first Top 20 hit on Billboard's Mainstream Rock chart, called it "a very, very sad day in metal, and this one hits pretty hard. Dio was one of the greatest metal singers of all time. His soaring vocal lines even to this day, strike a chord in me that few other singers can come close to. Even in his old age, Dio rocked harder and more on point then 99% of the singers out there. He is truly a musician's musician; a model for the new school to aspire towards. A man who stuck to his guns, and played the type of music HE wanted to play...and extremely well at that!"
Corey Taylor of Slipknot and Stone Sour called Dio "one of the strongest, purist and consistent singers of all time. Ronnie sang like he lived -- all out, from the heart, with so much honesty and joy. He was a great man with a smile and a handshake for fans and peers alike. He spoke his mind and stood his ground for decades. I will miss him dearly."
Deftones' Chino Moreno also told Billboard.com that he admired Dio's longevity through groups such as Elf, Blackmore's Rainbow, Black Sabbath, Heaven and Hell and, of course, his own Dio. "I looked at his age and that put it in perspective for me," Moreno said, "like, 'Wow, I would love to be that old and still singing my heart out like that."
Slayer guitarist Kerry King, who listened to "Man on the Silver Mountain" by Blackmore's Rainbow as a teenager, said that being able to meet Dio was one of his treasured memories. "Few people have had the ability to carry a song like Dio, literally demanding your attention as he effortlessly recreated live the amazing things he did on record," King said. "It's odd how things get taken from you quickly...I just saw him a month ago. I know I was lucky to have known Ronnie. One of the nicest guys in the business without a doubt. He will be hugely missed."
Anthrax's Joe Belladonna said that Dio "was a big inspiration, influence and dear friend of mine. He was a true gentleman and a kindhearted individual. He always would go out of his way to make you feel welcome and important. Without a doubt, he was one of the best, top notch and a class act. I will truly miss him." His bandmate, Charlie Benante, saluted Dio as "true metal and the creator of the metal hand Sign...He was Divine."
Funeral and memorial arrangements have not yet been announced for Dio. His official web site still features the note his wife posted Sunday announcing his death.
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Tony Iommi, who worked with Dio in Black Sabbath and its latest incarnation, Heaven and Hell, was among those weighing in, saying in a statement that since hearing the news, "I've been in total shock. I just can't believe he's gone. Ronnie was one of the nicest people you could ever meet, we had some fantastic times together. Ronnie loved what he did, making music and performing on stage. He loved his fans so much. He was a kind man and would put himself out to help others. I can honestly say it's truly been an honor to play at his side for all these years. His music will live on forever. Our thoughts are with Wendy Dio who stood by Ronnie until the end. He loved her very much. The man with he magic voice is a star amongst stars, a true professional. I'll miss you so much my dear friend. RIP."
Heaven and Hell had planned to tour this summer to continue supporting its most recent album. Those dates were canceled, however, as Dio's condition -- which his wife and manager Wendy Dio revealed in November -- worsened. Organizers of Britain's Download festival plan to rename its second stage the Ronnie James Dio Stage in the singer's memory.
At their show Sunday night at Lazerfest near Des Moines, Iowa, Alice Cooper and his band inserted a bit of Sabbath's "Heaven and Hell" into their final song, "Under My Wheel," dedicating it to Dio. Bassist Chuck Garric played with Dio prior to joining Cooper's band, and both Cooper and Garric taped a special segment for the syndicated "Nights With Alice Cooper" radio program talking about their late friend.
"We used to have a lot of fun with Dio on the road," Cooper recalled. "(Drummer) Eric Singer could not help from going 'Holy Diver!' as loud as he could to the point where the manager finally says, 'Could you stop doing that? It's starting to annoy Ronnie.' And of course you don't say that to Eric Singer, because that just means he's going to double the efforts."
Garric added that Dio was "such a genuinely nice guy and welcomed me with open arms. From the moment I walked into the rehearsal rooms to audition, I felt at home...It was one of the greatest moments of my life, and it had changed my life. I owe him everything."
Over at Metallica.com, drummer Lars Ulrich posted a moving "A Letter to Ronnie," crediting Dio as "one of the main reasons I made it into the stage to begin with," saying that he first saw Dio as a member of the band Elf in 1975, opening for Deep Purple. "I was completely blown away by the power in your voice, your presence on stage, your confidence..." He also recalled going to the Plaza Hotel in Copenhagen when Dio came through with Blackmore's Rainbow and being impressed that Dio was "so kind and caring...I was on top of the world, inspired and ready for anything." Ulrich concluded that, "Ronnie, your voice impacted and empowered me, your music inspired and ifluenced me, and your kindness touched and moved me. Thank you."
Chickenfoot's Michael Anthony told Billboard.com that he used to cover "Man on the Silver Mountain with Van Halen and sharing the stage with Dio at some European festivals. "He was a great guy," Anthony said. "I remember when we opened for them, all of us were back at the hotel having some drinks; it was his birthday, and I remember us all just hanging out, and he was just a great guy, definitely a driving force in hard rock music."
Killswitch Engage, whose 2006 cover of Dio's "Holy Diver" was the group's first Top 20 hit on Billboard's Mainstream Rock chart, called it "a very, very sad day in metal, and this one hits pretty hard. Dio was one of the greatest metal singers of all time. His soaring vocal lines even to this day, strike a chord in me that few other singers can come close to. Even in his old age, Dio rocked harder and more on point then 99% of the singers out there. He is truly a musician's musician; a model for the new school to aspire towards. A man who stuck to his guns, and played the type of music HE wanted to play...and extremely well at that!"
Corey Taylor of Slipknot and Stone Sour called Dio "one of the strongest, purist and consistent singers of all time. Ronnie sang like he lived -- all out, from the heart, with so much honesty and joy. He was a great man with a smile and a handshake for fans and peers alike. He spoke his mind and stood his ground for decades. I will miss him dearly."
Deftones' Chino Moreno also told Billboard.com that he admired Dio's longevity through groups such as Elf, Blackmore's Rainbow, Black Sabbath, Heaven and Hell and, of course, his own Dio. "I looked at his age and that put it in perspective for me," Moreno said, "like, 'Wow, I would love to be that old and still singing my heart out like that."
Slayer guitarist Kerry King, who listened to "Man on the Silver Mountain" by Blackmore's Rainbow as a teenager, said that being able to meet Dio was one of his treasured memories. "Few people have had the ability to carry a song like Dio, literally demanding your attention as he effortlessly recreated live the amazing things he did on record," King said. "It's odd how things get taken from you quickly...I just saw him a month ago. I know I was lucky to have known Ronnie. One of the nicest guys in the business without a doubt. He will be hugely missed."
Anthrax's Joe Belladonna said that Dio "was a big inspiration, influence and dear friend of mine. He was a true gentleman and a kindhearted individual. He always would go out of his way to make you feel welcome and important. Without a doubt, he was one of the best, top notch and a class act. I will truly miss him." His bandmate, Charlie Benante, saluted Dio as "true metal and the creator of the metal hand Sign...He was Divine."
Funeral and memorial arrangements have not yet been announced for Dio. His official web site still features the note his wife posted Sunday announcing his death.
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