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Can Congress Legislate Gun Ownership If ... ?
February 19, 2018 | MosesKnows

Posted on 02/19/2018 12:53:58 PM PST by MosesKnows

Can Congress Legislate Gun Ownership If ...?


Can Congress Legislate Gun Ownership

If ...

If there were no 2nd Amendment would Congress have the enumerated constitutional power to legislate gun ownership?


TOPICS: Government
KEYWORDS: congress; gun; legislate; ownweship
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I say no, what say you.
1 posted on 02/19/2018 12:53:59 PM PST by MosesKnows
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To: MosesKnows

No, but that hasn’t stopped them on anything else.


2 posted on 02/19/2018 12:54:48 PM PST by jospehm20
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To: MosesKnows

No, the right would still belong of the people or the states, and, the Federal Government would ban guns at the Federal level anyway.


3 posted on 02/19/2018 12:56:17 PM PST by rigelkentaurus
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To: MosesKnows

No such authority is granted. A point Alexander Hamilton made about any Congressional authority to regulate speech (in Federalist #84.)


4 posted on 02/19/2018 1:02:57 PM PST by sourcery (Non Aquiesco: "I do not consent" (Latin))
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To: MosesKnows
If there were no 2nd Amendment would Congress have the enumerated constitutional power to legislate gun ownership?

It's hilarious!

These absolute ignorant imbeciles actually believe that they can pass a "law" eliminating, or even modifying the Bill of Rights!"

How pathetic is that?

If frogs had wings...

5 posted on 02/19/2018 1:04:54 PM PST by publius911 (Am I pissed? You have NO idea...)
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To: MosesKnows

But there IS a 2nd Amendment, and there’s nothing you can do about it.


6 posted on 02/19/2018 1:11:58 PM PST by FrankR (An armed society is a polite society.)
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To: rigelkentaurus
No, the right would still belong of the people or the states, and, the Federal Government would ban guns at the Federal level anyway.

Our geriatric Supreme Court better take some "conscious" pills, or something...

The Feds buyin up all the ammunition, or taxing it beyond reach , is unquestionably "infringement," to us mere mortals...

7 posted on 02/19/2018 1:17:23 PM PST by publius911 (Am I pissed? You have NO idea...)
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To: MosesKnows

Enumerated Powers? Really? The Commerce Clause and General Welfare Clause usurped the Enumerated Powers many, many years ago.

We should not have MOST of the Federal Government in any form, if we held true to the Enumerated Powers in the Constitution.

No Dept of Education
No Dept of Agriculture
No Dept of Energy

and a lot of other agencies, bureaus and bureaucrats.

SO, to answer the question...Yes, given the depth of this damnable swamp, they would certainly make that leap, and they would do it quickly.


8 posted on 02/19/2018 1:18:31 PM PST by PubliusMM (RKBA; a matter of fact, not opinion. Mr Trump, we've got your six.)
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To: MosesKnows

Certainly. If the firearm were manufactured in a state different from that of the purchaser it would come under the Interstate Commerce clause. If Congress just decided they wanted to do it and to hell with enumerated powers, that’d be the Necessary and Proper clause. Hamilton was a brilliant man, but his opponents were correct in that with those two provisions any Congress so intent could legislate pretty much anywhere they could stick their collective nose into, and they have.


9 posted on 02/19/2018 1:24:17 PM PST by Billthedrill
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To: MosesKnows

Probably under both the enumerated powers clause and the 10th Amendment as originally understood, the answer is no. Remember, an Amendment had to be passed to outlaw alcohol on a federal level. But “enlightened” court rulings in the 20th century have expanded Congress’s power to regulate or outlaw virtually anything—even if it doesn’t actually cross state lines, so by current court rulings and legislative practices outlawing firearms would be easy—without the 2nd Amendment.


10 posted on 02/19/2018 1:25:39 PM PST by hanamizu
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To: MosesKnows
Girl in a jacket
11 posted on 02/19/2018 1:28:48 PM PST by yuleeyahoo (Those are my principles, and if you do not like them...well I have others. - Groucho Marx)
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To: MosesKnows
They can do anything we let them get away with.
Congress has no respect for our Constitution OR ANY OTHER LAW !
12 posted on 02/19/2018 1:31:17 PM PST by Yosemitest (It's SIMPLE ! ... Fight, ... or Die !)
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To: PubliusMM

There is no law they can pass that can interfere with the trajectory of a bullet.

They should think about that.


13 posted on 02/19/2018 1:33:00 PM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: MosesKnows
No, but they'd use the Commerce Clause, or allow Congress' so-called "plenary power" to raise taxes to tax and regulate them out of existence.
14 posted on 02/19/2018 1:38:52 PM PST by FredZarguna (And what Rough Beast, its hour come round at last, slouches toward 5th Avenue to be born?)
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To: MosesKnows

I visit the tombs of the 9th and 10th Amendments from time to time.

It is interesting how states like California do a “Weekend at Bernie’s” with them when it suits them, even though liberals HATE state’s rght.


15 posted on 02/19/2018 1:42:30 PM PST by freedumb2003 (obozo took 8 years to try to destroy us. Trump took 1 to rebuild us. MAGA!!)
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To: MosesKnows

According to the US Constitution as written, No, and neither can states but they do and it’s all corrupt.


16 posted on 02/19/2018 1:48:42 PM PST by drypowder
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To: MosesKnows

Obviously, NO. NOT any ENUMERATED power!


17 posted on 02/19/2018 1:50:07 PM PST by 2harddrive
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To: MosesKnows

Doesn’t matter. They would still try to do so regardless if they had the power to.


18 posted on 02/19/2018 1:58:34 PM PST by Secret Agent Man ( Gone Galt; Not averse to Going Bronson.)
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To: publius911

“If wishes were horses, beggars would ride.”


19 posted on 02/19/2018 2:00:32 PM PST by Carriage Hill ( Life is simpler, when you plow around the stump.)
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To: PubliusMM
Enumerated Powers? Really? The Commerce Clause and General Welfare Clause usurped the Enumerated Powers many, many years ago.

You beat me to it.

20 posted on 02/19/2018 2:00:44 PM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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