D o w n s i z e r – D i s p a t c h
Quote of the Day: “All substances are poisons: there is none which is not a poison. The right dose differentiates a poison and a remedy.” — Paracelsus (1493-1541)
The baseball pitcher, Roger Clemens, is in the news. He has been charged with the supposed crime of lying to the politicians in Congress about his use of steroids.
* How should we think about this?
* What are the Constitutional issues involved?
To answer these questions we offer you some imaginary testimony — things Roger Clemens could have said to Congress, instead of what he did say.
* You’ve heard of people “pleading the 5th” — invoking the 5th Amendment’s protection against self incrimination, but . . .
* James Wilson argues that Clemens should have “plead the 10th” — invoking the 10th Amendment’s limitation of federal power.
* You’ll see why when you read the imaginary testimony below.
An earlier version of this was published on Thursday, January 10, 2008, when Clemens was first called to testify before Congress. This slightly edited version makes points that are just as relevant now.
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Has anyone ever refused to answer a question from a federal inquisitor on Tenth Amendment grounds? I don’t know, but I’d love to hear it from Roger Clemens when he testifies at a House Oversight and Government Reform Committee next month:
“Mr. Chairman, I have read the Constitution and it does not grant you authority to hold a hearing on steroid use. Therefore, I will exercise my rights as an American citizen under the Tenth Amendment, and my natural rights as a human being, by refusing to answer your questions.
“But let me clarify one thing: I do see under Article I, Section 8 of the Constitution that Congress has the authority to regulate commerce among the states and with foreign nations. It’s possible that this includes anything that relates to the selling of goods across state lines. I will therefore affirm that . . . More
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