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Every creation of the federal government is presumptively unlawful unless and until it is rooted reasonably within one of the enumerated powers. The federal gov
by iraqmtpizza 3y ago
Every creation of the federal government is presumptively unlawful unless and until it is rooted reasonably within one of the enumerated powers. The federal government has speech rights, obviously. It can pick up a camera and take photos like anyone else. It can keep records only in keeping with the constitution (e.g. 4th amendment) and statutory authorization. E.g. no national gun registry and no cell phone location data without a warrant.
Only to the extent that the library of congress is necessary and proper to regulating interstate commerce are its activities authorized. As soon as it strays from that, it must find another enumerated power with which to justify its actions. For instance, if the library of congress were to begin deporting illegal aliens, that would be incontrovertibly within the enumerated powers. To say nothing of the will of Congress.
A centralized copyright register is obviously something important to interstate commerce. Existing internet archives do not keep track of whose copyright is whose. So to transfer ownership of such a thing to the library of congress would not serve any copyright function related to interstate commerce. Surely even you can see that. So you're going to have to get real fucking creative, buddy!