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To: robertpaulsen
As I quoted in post 499...

"..It does not speak of a power to regulate commerce that "concerns" more than one state, or even commerce between persons of the same state that somehow "concerns" other states..." The Original Meaning of the Commerce Clause

The meaning of "concern" in the context quoted is incidental. Nor does the original meaning of "commerce" extend to manufacturing, production, mining or agriculture.

504 posted on 11/27/2006 2:51:21 PM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: Zon; tpaine; robertpaulsen; Roscoe
Click here

More info on the original subject of this thread. It appears that the cops' story is falling apart. (Big surprise) Also, the murder victim managed to get five hits for maybe five or six rounds expended... GREAT shooting. Too bad her aim was a bit low. I never did care much for center-mass shooting.

508 posted on 11/27/2006 5:23:09 PM PST by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: Zon
From your link:

"Nelson and Pushaw unfortunately accept Chief Justice Marshall's contention that this phrase means "concerns more states than one" -- the view they correctly say has been accepted by courts ever since. Thus they contend that under the Commerce Clause, Congress may regulate not only "commerce that actually moves 'between' the states" but also commerce "that occurs within a state and has external effects."

Hmmmm. That would be Founding Father and Chief Justice John Marshall. I'm assuming Mr. Barnett is referring to Chief Justice Marshall's 1824 ruling in Gibbons v. Ogden, 22 U.S. 1:

"The subject to which the power is next applied, is to commerce 'among the several States.' The word 'among' means intermingled with. A thing which is among others, is intermingled with them. Commerce among the States, cannot stop at the external boundary line of each State, but may be introduced into the interior.

It is not intended to say that these words comprehend that commerce, which is completely internal, which is carried on between man and man in a State, or between different parts of the same State, and which does not extend to or affect other States."

Meaning, of course, that Congress may regulate commerce which does "extend to or affect other States". Gosh, who to believe -- Mr. Barnett of Chief Justice Marshall?

524 posted on 11/28/2006 5:13:57 AM PST by robertpaulsen
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