“And how did Congress assume the authority to control guns and license gun dealers? The ‘Commerce Clause’ of the Constitution”
The supreme irony is that Marshall first defined that authority, at least in part, to protect the free market. The Gibbons v. Ogden opinion stuck to abolished a monopoly on steamships between New York and New Jersey, which obviously constitutes commerce between states. It wasn’t long, however, before the feds were regulating production in addition to commerce, and intra-state production to boot.
The whole point of the dang clause has been lost. It was intended to prevent the states themselves from erecting trade barriers. The modern federal government, out of its ever-expanding wish to control our lives, has stretched it out to mean that they can regulate the economies of every state in whatever way they see fit. What today does not constitute interstate trade? Childrens’ lemonade stands?
Antitrust was a big blow to the original intent of the clause. The New Deal killed it. Seriously, you should read some of the leaps of logic used during that era. One case involved a dairy farmer who was restricted by federal law to planting only so many acres of wheat. When he planted extra acres for his own consumption, SCOTUS ruled that since had he not grown his own wheat he otherwise would have bought wheat, his not buying wheat on the market affected interstate commerce!
Civil rights legislation, if you can believe it, is also founded the commerce clause. If the government can regulate some part of the economy, it can regulate who you sell to and who you hire. In short, it can regulate (or try to regulate, anyway) the prejudice in your head.
As far as guns are concerned, I’m happy to say that SCOTUS got one thing right when they declared that the federal Gun-Free School Zone Act was B.S.
The bullying endured during the "Civil" War and other acts of the ferals notwithstanding, the states' and the people's rights remained intact. For example, no amendments were repealed BUT we, the states and the people, had become fearful of confronting the beast. And of course as time passed the feral government found ways to mollify the states and the people. All of which we already know, so...
The question of course becomes what, if anything can we do about it. Will the states be instrumental or more likely necessary players in any efforts to regain their and coincidentally our sovereignty? Given recent events, it's my personal opinion now more than ever the states acting on their own behalf or on behalf of their citizens may in fact be our last and best hope to rechain the beast, if it's to happen at all. Your mileage may vary.
If you more or less agree with this premise, how can we proceed? How can we support, or better yet, encourage the 10th amendment resolutions/bills presently within several states AND encourage more timid states to adopt such an idea? What's in it for them??? Outside of the potential bludgeoning by the fedguv, what are the possible benefits and pitfalls states might encounter if they decide they want to assert the 10th amendment duties and rights?
For my part, this is essentially the direction I would like to point any discussion and apply our collective brain power. Do we have a chance?
Just before the American Revolution Samuel Adams said: “If ye love wealth better than freedom; the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsel, nor you arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you. And may posterity forget that ye were our countrymen.”
Americans today do not seem to understand why we celebrate the Fourth of July. It’s not about sparklers and firecrackers, it’s about remembering the real bullets and real rockets fired in offense of freedom; it’s about remembering those who dedicated their lives, their fortunes and their sacred honor and were willing to give their all so that we could live in freedom.
And if we lose our freedom and, therefore, lose our country, how will our posterity remember our contribution to their enslavement — with a day of silence?