-SNIP-
I’d like to use my time to discuss some of my concerns.
I have very deep concern about the legacy of the Rehnquist Court and its efforts to restrict Congressional authority to enact legislation by adopting a very narrow view of several provisions of the Constitution, including the Commerce Clause and the 14th Amendment. This trend, I believe, if continued, would restrict, and could even prevent, the Congress from addressing major environmental and social issues in the future.
As I see it, certain of your decisions on the 3 rd Circuit raise questions about whether you would continue to advance the Rehnquist Court’s limited view of Congressional authority – and I hope to clear that up.
Let me give you one example here – and that’s the Rybar case. Your dissent argued that Congress lacked the authority to ban the possession and transfer of machine guns, based essentially on a technicality that Congressional findings from previous statutes were not explicitly incorporated in the legislation.
You took this position – even though the Supreme Court had made clear in 1939 – the Miller case -- that Congress did have the authority to ban the possession and transfer of firearms, and even though Congress had passed three federal statutes that extensively documented the impact that guns and gun violence have on interstate commerce.
I am concerned that the Rybar opinion demonstrates a willingness to strike down laws with which you personally may disagree by employing a narrow reading of Congress’s constitutional authority to enact legislation. -SNIP-
Feinstein to Samuel Alito