Bitcoin Exchange CEO Pleads Guilty to Enabling Silk Road Drug Deals

Post by wtbob » Sun, Sep 07, 2014, 6:11 PM UTC

etchalon wrote: post #17

MCRed wrote: post #7

Earlier quoted context omitted.

There is no provision in the constitution for the federal government to regulate money exchange. Thus the law he was convicted under is itself a criminal act (and under USC 18-242 everyone enforcing it is a felon). The constitution is the highest law of the land. If you think this guy belongs in jail, then you need to amend it. The supreme court has already ruled that unconstitutional laws are null and void the momen…

The Constitution granted the Federal Government limited powers. But included in those powers is the power to self-define and self-regulate. Thus, should the legislature pass a law, and should the Supreme Court uphold that law, it is deemed Constitutional by the body specifically-empowered to make that determination. The Money Laundering Control Act made the laundering of money a crime. It was passed by the Legislativ…

Something isn't 'Constitutional pending some future case'; it either is or is not constitutional, period. It may be recognised as or presumed constitutional or not which I think is what you mean.

Regarding money transfer, I think it's clear that the Congress has the ability to regulate interstate and international money transfers. Whether it should or not is an entirely different matter.

Despite the current (ludicrous) interpretation of the commerce clause, the Congress has no authority over intrastate money transfers whatsoever; that authority rests with the states.

Post by wtbob » Sun, Sep 07, 2014, 6:32 PM UTC

MCRed wrote: post #7

meowface wrote: post #4

Earlier quoted context omitted.

When people decide to change the law. If you think drugs should be illegal, then justice was served here. If you don't think drugs should be illegal, then it wasn't. Either way, Shrem's behavior seems pretty idiotic to me, from start to finish.

There is no provision in the constitution for the federal government to regulate money exchange. Thus the law he was convicted under is itself a criminal act (and under USC 18-242 everyone enforcing it is a felon). The constitution is the highest law of the land. If you think this guy belongs in jail, then you need to amend it. The supreme court has already ruled that unconstitutional laws are null and void the momen…

I sympathise with your (rare) regard for the Constitution, but money transmission is a forum of commerce, and thus the Congress may regulate it when it occurs across state or national borders. Just as not all good ideas are constitutional, not all bad ones are unconstitutional.

I would personally like to see the money-laundering laws repealed, as the activity they proscribe is not itself a true crime. They are prone to abuse, and appear fundamentally unjust to me. But they are at least in principle constitutional.

The NSA is not breaking the law. Again, not all good things are mandated and not all bad things are forbidden. There's a difference between pushing to the very edge of what the law permits and pushing further. In many ways, it's a hacker's mindset.

I think that there's an excellent argument that the TSA is violating the 4th Amendment. It's not at all obvious how stripping me naked with X-rays is consistent with the security of my person, nor is it clear that it is reasonable to be searched before boarding transportation. Additionally, I fail to see how disarmament of travellers is consistent with the 2nd Amendment.

I would probably support an amendment to permit searches for explosive devices, were it properly worded.

Re: Bitcoin Exchange CEO Pleads Guilty to Enabling Silk Road Drug Deals

Re: Bitcoin Exchange CEO Pleads Guilty to Enabling Silk Road Drug Deals