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FR Poll Thread: Does the Interstate Commerce Clause authorize prohibition of drugs and firearms?
Free Republic ^ | 11-3-05

Posted on 11/03/2005 2:24:08 PM PST by inquest

There's a new poll up on the side. Do you think the interstate commerce clause of the Constitution authorizes federal laws against narcotics and firearms? Now lest everyone forget, this isn't asking whether you personally agree with such laws. It's about whether your honest reading of the Constitution can justify them.

While you're thinking it over, it might help to reflect on what James Madison had to say about federal power over interstate commerce:

Being in the same terms with the power over foreign commerce, the same extent, if taken literally, would belong to it. Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged.
I'll be looking forward to your comments.


TOPICS:
KEYWORDS: alito; banglist; commerce; commerceclause; frpoll; herecomesmrleroy; interstate; interstatecommerce; madison; no; scotus; thatmrleroytoyou; wodlist
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To: Mojave
Not at once, over time.

So then your "independently" claim was false.

Look, it's up to you to provide the evidence of whatever it is you're talking about. And so far, you're failing pretty badly.

2,881 posted on 12/18/2005 9:43:46 AM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
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To: Mojave
Which supports your position not a whit. But feel free to try explain how.

It works against your position. And I did explain how. I'm not going to keep repeating myself just because you like to act obtuse.

2,882 posted on 12/18/2005 9:45:08 AM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
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To: inquest
So then your "independently" claim was false.

Non sequitur. On stertoids this time.

2,883 posted on 12/18/2005 9:46:59 AM PST by Mojave
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To: inquest
It works against your position. And I did explain how.

Sub silentio.

2,884 posted on 12/18/2005 9:47:41 AM PST by Mojave
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To: Mojave
. -- Mojave inadvertently posted support for the 'in conflict' observation.

--- As we see, Davis 'boldly' admits that Congress can use the Commerce Clause to prepare for conflict, for war..
For war with foreign nations, or indian tribes.. --Not for 'war' against the several States or US citizens.

Mojave's devastatingly comic comment in rebuttal:

" -- Nope. -- "

2,885 posted on 12/18/2005 9:54:59 AM PST by don asmussen (-)
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To: don asmussen
Congress can use the Commerce Clause to prepare for conflict, for war..

Or for non-conflict, for peace. Is claiming that commerce powers are actually war powers your absurdity du jour?

2,886 posted on 12/18/2005 10:00:11 AM PST by Mojave
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To: Mojave
. -- Mojave inadvertently posted support for the 'in conflict' observation.
--- As we see, Davis 'boldly' admits that Congress can use the Commerce Clause to prepare for conflict, for war..
For war with foreign nations, or indian tribes.. --Not for 'war' against the several States or US citizens.

Or for non-conflict, for peace.

??? - Of course Congress can regulate among the States "for peace"..
That's the point; Congress does not have the power to regulate among the several States as an adversary..
It is ludicrous to believe that the government of the United States is empowered by the Constitution to wage a prohibitive commerce 'war' on its own States or its own citizens.

Is claiming that commerce powers are actually war powers your absurdity du jour?

Your amusingly juvenile proclivity for asking absurd leading questions is noted once again kiddo.
Will you ever grow up?

2,887 posted on 12/18/2005 10:23:55 AM PST by don asmussen (-)
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To: don asmussen
wage a prohibitive commerce 'war'


2,888 posted on 12/18/2005 10:42:35 AM PST by Mojave
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To: Mojave
"Non sequitur." "Sub silentio."

The "silent" sounds of Mojave losing the argument once again.

2,889 posted on 12/18/2005 11:33:18 AM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
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To: inquest

To an imaginary argument no less.


2,890 posted on 12/18/2005 3:35:57 PM PST by Mojave
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To: Mojave
Yawn. I know you're just trying to clutter the thread with nonsense, so as to obscure what's being talked about. So I'll just link to the post that you've yet to give any real rebuttal to. If you have an actual point to make, we can continue. But if you're just going to make another snarky one-liner to cover up for your inability to make a point, you'll be ignored. Your choice.
2,891 posted on 12/18/2005 3:58:14 PM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
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To: inquest
So I'll just link to the post that you've yet to give any real rebuttal to.

Rebut a post that makes no point?

2,892 posted on 12/18/2005 4:00:26 PM PST by Mojave
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To: robertpaulsen
Surely they had cannons. Where were they kept?

Well, it seems these guys kept 19 of their privately owned cannons on board their privately owned warship.
2,893 posted on 12/19/2005 12:12:17 PM PST by publiusF27
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To: publiusF27

And the rest?


2,894 posted on 12/19/2005 3:38:38 PM PST by robertpaulsen
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To: publiusF27

With a federally issued Letter of Marque.


2,895 posted on 12/19/2005 6:28:52 PM PST by Mojave
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To: Mojave; robertpaulsen; publiusF27
paulsen:

Surely they had cannons. Where were they kept?

Well, it seems these guys kept 19 of their privately owned cannons on board their privately owned warship.
publiusF27

And the rest?

They kept them wherever they wanted, of course.
-- It's still perfectly legal to 'keep' a cannon.. Most of mine are in the garage..

2,896 posted on 12/19/2005 8:26:15 PM PST by don asmussen
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To: Mojave

You mean the warship, complete with cannons and crew, sprang into existence when Madison signed that letter? Or maybe they had it before he signed the letter...


2,897 posted on 12/20/2005 4:44:01 AM PST by publiusF27
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To: publiusF27
You mean the warship, complete with cannons and crew, sprang into existence when Madison signed that letter?

You mean that machine guns, complete with barrels and triggers, spring into existence when the federal firearms permit is issued?

2,898 posted on 12/20/2005 5:44:08 AM PST by Mojave
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To: don asmussen
-- It's still perfectly legal to 'keep' a cannon..

But not a bong and a lid..

2,899 posted on 12/20/2005 5:52:29 AM PST by Mojave
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To: Mojave
publiusF27:

You mean the warship, complete with cannons and crew, sprang into existence when Madison signed that letter?

Mojave, - inanely:

You mean that machine guns, complete with barrels and triggers, spring into existence when the federal firearms permit is issued?

No virgina, santa does not make guns; - people do, -- and they have a right to do so independent of presidential/congressional approvals.

2,900 posted on 12/20/2005 5:59:45 AM PST by don asmussen
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