I'm not sure what Charles is asking for.
(1) I assume there is a power in the US constitution that enables federal 
research funding, probably with delegation to the executive branch. If so, 
the President can use this selectively, no? What am I missing?
As for the ban on human cloning, that sounds harder, coz...
(2) In the US or Australia, you have to find a constitutional head of power 
(such as the interstate commerce clause, which has been read *very* widely 
by the courts in the US) before the federal legislature can enact any law at 
all. Otherwise, legislative power is left entirely with the states, which 
can enact laws on any subject. (In Canada, the situation works in reverse: 
the provinces have enumerated powers with a default power to the national 
legislature to enact laws on anything.)
It is widely commented upon here that it is not clear what power the federal 
legislature has to ban human cloning. It may have to fall back on the 
foreign affairs power, but I'm not aware what international treaties we may 
be party to that would require us to pass such legislation. Someone in the 
US might well ask the same question.
My gut feeling is that there *are* issues about an appropriate head 
legislative power to support the relevant provision passed here in the 
Genetic Technology Act and that similar issues might arise with the 
legislation being dealt with currently by the US Congress. I would assume 
that these would get tested eventually.
Or is Charles talking about...
(3) a constitutional *restriction* on power, as opposed to the availability 
of an appropriate head of legislative power in the first place? If that's 
what he means, he may be right, though it's very open to argument. In the 
Martha Nussbaum and Cass Sunstein book _Clones and Clones_, Sunstein's 
contribution is a brilliant piece in which he writes two imaginary Supreme 
Court opinions, one for and one against the proposition that reproductive 
cloning (like contraception and abortion) falls within the supposed implied 
constitutional right of "privacy" in the US Bill of Rights. Anyone 
interested in *this* aspect of the US constitutional situation should start 
with Sunstein's piece.
Any US journalist who wants a serious academic opinion on all this should 
approach Sunstein (I assume he's still at the University of Chicago) and see 
if he's prepared to comment.
Russell
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