If we’re going by the Constitution, then Montana’s laws are not necessary because the federal laws they are working around are inherently unconstitutional. If we’re not following the Constitution, then this is no doubt covered by the power to tax, and Justice Roberts will side with the far left extremists.
Because Title 28 contains statutes which govern all federal courts,
the consistent use of “United States” to refer to the federal
government carries enormous weight. Title 28 is the latest word
on this subject, as revised, codified and enacted into positive law
on June 25, 1948. Moreover, the Supremacy Clause elevates
Title 28 to the status of supreme Law of the Land.
To make matters worse and to propagate more confusion,
the entity “UNITED STATES OF AMERICA”
incorporated twice in the State of Delaware:
The main problem that arises from these questions is that
United States Attorneys are now filing lawsuits and
prosecuting criminal INDICTMENTS in the name of the
“UNITED STATES OF AMERICA” [sic]
but without any powers of attorney to do so. Compare
28 U.S.C. 547 (which confers powers of attorney to represent
the “United States” and its agencies in federal courts):
http://www4.law.cornell.edu/uscode/28/547.html
They are NOT “United States of America Attorneys”, OK?
First of all, they do NOT have any powers of attorney
to represent Delaware corporations in federal courts;
Congress never appropriated funds for them to do so
and Congress never conferred any powers of attorney
on them to do so either.
Secondly, the 50 States are already adequately represented
by their respective State Attorneys General; therefore,
U.S. Attorneys have no powers of attorney to represent
any of the 50 States of the Union, or any of their agencies,
either.
They are “U.S. Attorneys” NOT “U.S.A. Attorneys”, OK?
Accordingly, it is willful misrepresentation for any U.S. Attorney
to attempt to appear in any State or federal court on behalf
of the “UNITED STATES OF AMERICA” [sic]. And,
such misrepresentation is actionable under the McDade Act
at 28 U.S.C. 530B:
http://www4.law.cornell.edu/uscode/28/530B.html
http://www.supremelaw.org/letters/us-v-usa.htm
Guns manufactured, sold, and used in Montana impact interstate commerce, by reducing demand and transport of guns manufactured outside of Montana.
Guns manufactured, sold and used in Montana affect interstate commerce, because the raw materials and goods (machinery, etc) used in the manufacturing process are, to some measurable degree, mined, milled, manufactured, or otherwise produced outside of Montana; and are delivered to Montana via interstate commerce.
Guns manufactured, sold and used in Montana affect interstate commerce, by using ammunition that may have entered into interstate commerce either directly, or by way of materials used to manufacture it.
Guns manufactured, sold and used in Montana may directly affect or enter into interstate commerce because they may be purchased by people, who outside the state’s after-sale view, may remove them from the state, and even sell them outside the state, if they move out of Montana; take them on an out of state hunting trip; or by other means. Especially true if they use an interstate common carrier; and perhaps in the case of interstate common carrier, even if they only travel within the state.
Remember, it’s a point of law: one may not grow their own chicken feed, if they are a grain farmer, and the ‘own use’ portion of the crop would violate government approved production quotas of the grain, because even though it never leaves the farm, it affects interstate commerce by reducing demand for grain grown off the farm.
As horribly wrong and misconstrued as it is, it is what the Supremes declared the law & Constitution to mean. By precedent, the state would become the grain farmer, and the federal bans would become the approved individual grain quotas, and the defendants become screwed.
Commerce Clause?
Bring it fags.
Way to easy to defeat for intent, error of the bill of rights, etc....
Not long after the decision in Raich, the Court vacated a lower court decision in United States v. Stewart and remanded it to the court of appeals for reconsideration in light of Raich. In Stewart, the Ninth Circuit had held that Congress lacked the Commerce Clause power to criminalize the possession of homemade machine guns.
http://en.wikipedia.org/wiki/Gonzales_v._Raich
I have no respect for court rulings anymore. They are just stuffed with political operatives who twist the law to get the results that they want. If decisions were based on the law then we would not have multiple courts with totally different decisions. Take this to a different district court or a different circuit court and you might get an entirely different decision.
Then to have one court(USSC) decide it all is just nonsense. As we have seen again and again. They are now the least law abiding group of Kangaroo’s that ever existed in a courtroom.