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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
-- It's still perfectly 'legal' to keep a cannon..

But not a bong and a lid..

So you imagine, ignoring our Constitutional freedoms.

2,901 posted on 12/20/2005 6:03:37 AM PST by don asmussen
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To: don asmussen
our Constitutional freedoms.

The "Constitutional freedom" of dope. You find that in an emanation of a penumbra or the confusion of a bong?

2,902 posted on 12/20/2005 6:26:14 AM PST by Mojave
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To: Mojave
-- It's still perfectly 'legal' to keep a cannon..

But not a bong and a lid..

So you imagine, ignoring our Constitutional freedoms.

The "Constitutional freedom" of dope.

But moj, you do have the freedom to self medicate/intoxicate yourself, -- as it's evident you do - in some of your more creative posts.

You find that in an emanation of a penumbra or the confusion of a bong?

Nah, try reading the 9th.. It's so short even you won't get confused.

2,903 posted on 12/20/2005 6:43:10 AM PST by don asmussen
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To: Mojave
False analogy, as I'm sure even you could figure out.
2,904 posted on 12/20/2005 8:01:54 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

No, I mean the warship was legally, privately owned PRIOR to Madison's Letter of Marque. The letter was good "during the pleasure of the President" and not after, but the warship would still be legally, privately owned if the letter were revoked. The warship could be operated, it could be sold, it could be possessed by anyone with the money to buy it.

You commented that it carried (for a time) a federal Letter of Marque, but that's pretty irrelevant, unless you can explain the relevance. You didn't need such a letter to own a warship equipped with cannons. You just needed it if your privately owned warship were hired by the US government.


2,905 posted on 12/20/2005 3:07:07 PM PST by publiusF27
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To: publiusF27
No, I mean the warship was legally, privately owned PRIOR to Madison's Letter of Marque.

It was a warship by virtue of the Letter of Marque. But if cannons make a ship into a warship, you can own one even today.

I bet you thought that you had finally made a point.

2,906 posted on 12/20/2005 5:52:17 PM PST by Mojave
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To: don asmussen
try reading the 9th..


2,907 posted on 12/20/2005 5:54:15 PM PST by Mojave
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To: Mojave
It was a warship by virtue of the Letter of Marque.

The Random House Dictionary that I have in front of me defines a warship as "a ship built or armed for combat purposes". The definition says nothing about whether it's authorized for use in combat.

I bet you thought that you had finally made a point.

Projection, again.

2,908 posted on 12/20/2005 6:17:29 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

Cute cartoon. -- Do you think that you've finally made a point?


2,909 posted on 12/20/2005 6:30:00 PM PST by don asmussen
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To: inquest
The Random House Dictionary that I have in front of me defines a warship as "a ship built or armed for combat purposes".

And it required the Letter of Marque to lawfully engage in combat.

But if cannons make a ship into a warship, you can own one even today.

A point that you tried to slink past.

2,910 posted on 12/20/2005 6:30:32 PM PST by Mojave
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To: don asmussen
Cute cartoon.

Yep. He was begging the existence of a dope clause in the 9th Amendment.

2,911 posted on 12/20/2005 6:32:29 PM PST by Mojave
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To: Mojave
It was a warship by virtue of the Letter of Marque.

The faith of a bureucrat in the power of paperwork.

2,912 posted on 12/20/2005 6:33:34 PM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: tacticalogic

But if cannons make a ship into a warship, you can own one even today.

A point that you tried to slink past.

Just like your comrades.


2,913 posted on 12/20/2005 6:40:41 PM PST by Mojave
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To: Mojave
And it required the Letter of Marque to lawfully engage in combat.

No one's denied that. Your unsupported falsehood was that it required a letter of marque in order for it to even be a warship.

But if cannons make a ship into a warship, you can own one even today.

So? No one denied that either. Do you have any kind of point to make at all?

2,914 posted on 12/20/2005 6:41:13 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
No one denied that

Then the "point" has no merit.

As usual.

2,915 posted on 12/20/2005 6:44:23 PM PST by Mojave
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To: Mojave
Then the "point" has no merit.

Not to you, of course, because it's not convenient to whatever strawman you're trying to build.

2,916 posted on 12/20/2005 6:50:00 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
Not to you

Not to anybody.

"Hey, we used to be able to own ships and cannons!"

Guess what? We still can.

2,917 posted on 12/20/2005 6:55:01 PM PST by Mojave
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To: Mojave
Guess what? We still can.

Which, of course, doesn't detract from the point being made in the slightest. It only detracts from your desperate mischaracterization of the discussion.

2,918 posted on 12/20/2005 6:58:34 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
Which, of course, doesn't detract from the point being made in the slightest.

Yep. Can't subtract from nothing.

2,919 posted on 12/20/2005 7:01:12 PM PST by Mojave
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To: Mojave
A point that you tried to slink past.

But you can't show where I've "tried to slink past", can you?

2,920 posted on 12/20/2005 7:06:04 PM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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