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To: robertpaulsen
HOWEVER, since Congress is currently (and constitutionally) regulating the interstate commerce of machine guns, they have the power over any activity that substantially affects their interstate regulatory efforts. They obtain this power from Article I, Section 8, Clause 18, the Necessary and Proper Clause which can only be used in conjunction with another Article I, Section 8 power.

Can you point me to this "substantially affects" language in the Constitution?

Congress has determined that it is necessary and proper for them to legislate this Pennsylvania activity because this intrastate activity, done by every state, would have a substantial effect on their interstate regulatory efforts.

In other words, Congress has the right to regulate intrastate activity because anything done by every state within its borders would have an effect on interstate trade.
636 posted on 11/08/2005 9:36:23 AM PST by BikerNYC (Modernman should not have been banned.)
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To: BikerNYC
"Can you point me to this "substantially affects" language in the Constitution?"

No more than I can point you to the "right to privacy" language used in Roe v Wade or to the "concealed carry" language used in the 2nd amendment.

Are you saying the exact wording has to be in the U.S. Constitution for it to be valid? I do await your answer on this one.

"In other words, Congress has the right to regulate intrastate activity because anything done by every state within its borders would have an effect on interstate trade."

Hmmmm. I thought I was pretty clear. I'll try again.

Congress has the right to regulate legislate intrastate activity because if they determine that anything done by every state within its borders would have an a substantial effect on interstate trade they're currently regulating.

646 posted on 11/08/2005 10:08:55 AM PST by robertpaulsen
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