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To: wafflehouse
So, what happens once the SCOTUS shoots this down?

Nothing. Many people seem to forget that the SCOTUS is a part of the federal government. Thus it is as constrained by the explicit language of the 2nd's "shall not be infringed" as the legislative and executive branches. Quite simply, a plain language reading of the US Constitution's Bill of Rights shows no federal agency or branch is authorized power over states in the area of "arms." This strict Constitutional prohibition would of course include the federal Judaical branch. See, a plain language read of the 2nd, 9th and 10th Amendments of the Bill of Rights.

78 posted on 08/27/2009 6:19:01 AM PDT by Mechanicos
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To: Mechanicos

They can get around this just like the did with the ‘war on drugs’. do they mine the metal to make the guns locally? if not, ‘interstate commerce’ and congress regulates it.


138 posted on 08/27/2009 11:34:18 AM PDT by wafflehouse (RE-ELECT NO ONE !)
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To: Mechanicos

That’s interesting. The Fed have argued for years about the 2nd amendment and keeping of arms being corporate and referring to the national guard under control of the states. Now that a state is asserting the right over intrastate guns and ammo, I wonder what the feds will argue?

They could argue with the commerce clause but the 2nd should trump that if viewed from a states right perspective and previous court cases. Being that the SCOTUS has already ruled to an individual right to bear arms, or more importantly that the right DOES NOT refer to the federal govt, the Feds can’t argue that that they have ultimate control over the 2nd.

Unless the SCOTUS weasels on the Commerce Clause v. the 2nd, the Feds seem a little boxed in.


150 posted on 08/27/2009 1:21:49 PM PDT by Free Vulcan (Resident Obama: Not a President, not a Citizen, living here but from somewhere else...)
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