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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

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To: Mojave
illicit

Just keep begging that question.

2,821 posted on 12/17/2005 1:43:06 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

The law of the land and of every state. Keep running.


2,822 posted on 12/17/2005 2:33:46 PM PST by Mojave
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To: Mojave

In the case of machine guns, the possession of illicit fungible items that are part of a major market involving interstate commerce, your pretense notwithstanding.


2,823 posted on 12/17/2005 2:58:47 PM PST by publiusF27
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To: Mojave
If you're saying that the fact that it's the "law of the land" provides evidence of its constitutionality, then you're the one running in circles. And you've been doing it for the better part of this thread.
2,824 posted on 12/17/2005 3:00:33 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: Mojave
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.

Mojave imagines:

[It's] The law of the land and of every state. Keep running.

You're the one 'running' away from the facts of the issue. Laws repugnant to our Constitution are null & void.

2,825 posted on 12/17/2005 3:03:10 PM PST by don asmussen (-)
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To: Mojave

922 (q) is the law of the land, is it Constitutional?

Medical cannabis is not illicit under California law.


2,826 posted on 12/17/2005 3:03:58 PM PST by publiusF27
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To: inquest
If you're saying that the fact that it's the "law of the land" provides evidence of its constitutionality

Pretense. Illicit means illicit.

2,827 posted on 12/17/2005 4:23:38 PM PST by Mojave
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To: publiusF27
Medical cannabis is not illicit under California law.

Put a sign out in the front yard reading "MEDICAL MARIJUANA FOR SALE" in front of a table full of dope and see how long it takes for California state law enforcement to arrest you.

2,828 posted on 12/17/2005 4:26:37 PM PST by Mojave
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To: publiusF27
In the case of machine guns, the possession of illicit fungible items

What's fungible about a serial number?

2,829 posted on 12/17/2005 4:28:11 PM PST by Mojave
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To: don asmussen
wage a prohibitive commerce 'war'

Spew inanities.

2,830 posted on 12/17/2005 4:29:20 PM PST by Mojave
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To: Mojave
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.

Mojave imagines:

[It's] The law of the land and of every state. Keep running.

You're the one 'running' away from the facts of the issue. Laws repugnant to our Constitution are null & void.

Spew inanities.

Have at it kiddo.. Your own 'spew' is out of control, and amusing..

2,831 posted on 12/17/2005 4:42:33 PM PST by don asmussen (-)
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To: Mojave
Illicit means illicit.

And question begging means question begging. Which is exactly what you're doing. It's only "illicit" under federal law if the law is constitutional. Which of course is the very point of contention.

2,832 posted on 12/17/2005 5:07:59 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
And question begging means question begging.

And redundant non sequiturs are redundant non sequiturs.

It's only "illicit" under federal law if the law is constitutional.

Every court, every time.

2,833 posted on 12/17/2005 5:23:10 PM PST by Mojave
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To: don asmussen
Laws repugnant to our Constitution are null & void.

And?

2,834 posted on 12/17/2005 5:24:52 PM PST by Mojave
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To: Mojave
Every court, every time.

And yet even more question begging. The dispute is over whether the courts have been getting it right.

2,835 posted on 12/17/2005 6:06:48 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
The dispute is over whether the courts have been getting it right.

The loaded question didn't mention the courts' unanimous decisions.

2,836 posted on 12/17/2005 6:53:30 PM PST by Mojave
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To: Mojave
The loaded question didn't mention the courts' unanimous decisions.

You mean the ones following the lead of earlier courts? That proves nothing.

2,837 posted on 12/17/2005 6:56:51 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
You mean the ones following the lead of earlier courts?

And the ones arriving at the same conclusion independently. Unanimous includes them all.

2,838 posted on 12/17/2005 7:08:40 PM PST by Mojave
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To: Mojave
And the ones arriving at the same conclusion independently.

There's only one supreme court. It can only arrive at a conclusion initially, or follow precedent.

2,839 posted on 12/17/2005 7:11:11 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
There's only one supreme court.

And?

It is therefore not surprising that every court that has considered the question, both before and after the Supreme Court's decision in Lopez, has concluded that section 841(a)(1) represents a valid exercise of the commerce power. See, e.g., United States v. Edwards, ___ F.3d ___, ___, 1996 WL 621913, at *5 (D.C. Cir. Oct. 29, 1996); United States v. Kim, 94 F.3d 1247, 1249-50 (9th Cir. 1996); United States v. Bell, 90 F.3d 318, 321 (8th Cir. 1996); United States v. Lerebours, 87 F.3d 582, 584-85 (1st Cir. 1996); United States v. Wacker, 72 F.3d 1453, 1475 (10th Cir. 1995), cert. denied, 117 S. Ct. 136 (1996); United States v. Leshuk, 65 F.3d 1105, 1111-12 (4th Cir. 1995); United States v. Scales, 464 F.2d 371, 375 (6th Cir. 1972); Lopez, 459 F.2d at 953.

Proyect, 2nd Circuit


2,840 posted on 12/17/2005 7:31:32 PM PST by Mojave
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