Digital publication | Page 27

The End

“We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional. M'Culloch v. State, 17 U.S. 316 (1819) (emphasis

added).

While Congress may argue that the MRA is beneficial to the people, it is hard to argue that it is the “most beneficial”. The MRA does not create a punishment for the abuse of the powers or monitor only those metahumans who have abused their powers in the past, but invades the private lives of citizens. Using a balancing test, the benefits of homo sapiens, the dissolution of the secret identities of the metahumans, far outweigh the cost of homo superiors, privacy of powers and weapons. The spirit of the Constitution allows for the equal protection under the law, and the MRA unfairly targets a specific sect of people and prosecutes them for non-compliance. The law is therefore unconstitutional and should be struck down by the Supreme Court.

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