Posted on 01/22/2010 6:59:46 AM PST by Still Thinking
The United States government has filed a Motion to Dismiss the lawsuit filed by the Montana Shooting Sports Association and the Second Amendment Foundation. The suit was filed the support the Montana Firearms Freedom Act which declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states.
The argument is that the Federal government has overstepped its authority in attempting to regulate and tax firearms that never cross a state border. The Feds counter that it is a valid exercise of commerse power because even sales of firearms that don't cross state lines have an effect on interstate commerce.
This Motion to Dismiss is the first response in what is expected to be a long hard fight by both sides and is just one battle in a larger struggle for increased State's Rights. Alabama, Alaska, Arizona Florida, Georgia, Indiana, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Virginia, Washington, and Wyoming have all introduced similar bills and nearly a dozen states have movements underway to follow.
(Excerpt) Read more at examiner.com ...
“Replace ‘firearms’ with any other product...”
Yours is an obvious, but very important point.
Last I heard, the Feds don’t regulate anyone’s vegetable garden because it may indirectly impact on interstate commerce!
You'd have to live here to understand. Idahoans are very independent in nature - We've have been trying to force our elected Representatives to take a stand against Federal intrusion! My comment was based on my area being destroyed by ‘ all involved ‘.
Developer’s from out of State have been trying to build Condo's around our lakes and turn our Prairies into Golf courses! Most of which are ‘minority owned’ and then the file suit if said plans are not approved.
My comment about ‘airports’ was a ‘in general’ one. This WAS a Conservative Paradise - Until these ‘calibaggers’ found us! Now even OPRAH WINFREY is a proud owner of one of these condo's.
You'd call it progress
I'd call it destruction
Last year these ‘ new libtards ‘ started complaining about the deer - Funny stuff - They talked the Fish and Game into trapping the deer and deporting them! Why? The deer got hungry and devoured their flowers..
You'd have to live here
Many around these part's feel like we are under ‘reconstruction’. Many a good Idahoan has since moved to Alaska or Montana.
While Idaho is still Red - It's definitely a lighter shade. Mind your own business has quietly turned to ‘ call thee police if thee Neighbor starts bass boat before 12 noon’
I'm not joking.
I'll go barf now.
“Hillary is lining up to obligate the U.S. to the IANSA treaty. That violates the 2nd Amendment and puts internationally specified controls on our right to keep and bear arms.”
Hillary should watch “300” and concentrate on this scene: http://www.youtube.com/watch?v=jpUVQ_z6Zcs&feature=related Molon Labe, beotch! Come and take them!
“The fascists in that organization are licking the chops in anticipation of disarming us.”
I’d advise them to be very careful what they wish for. There are more than a quarter of a BILLION firearms in this country, wielded by something like 90 million people. If only 1% (or 3%, like in the Revolution) resist, then they’ve got an insurgency that only The Big Guy could defeat.
“The two biggest monetary contributors to this fascist cause are Britain and Japan.”
Kicked both of their asses before, we can do it again.
More like the feds will proclaim that Montana loses. Whether or not they actually do depends on the people and State officials of Montana. If the State of Montana is willing to actually defend the rights of the people they will tell the feds "NO, WE REALLY MEAN IT" and any agents sent to enforce their federal proclamation will be jailed.
I would like to see a large state like Texas or, better yet, many states simultaneously, give an ultimatum to the feds: keep out of our affairs or we will arrest your agents. If you attempt to stop us in any way, we will withhold all income and excise taxes paid by any person or entity within our jurisdiction, and we will mobilize our state militias."
That would grab national and international attention, and would force the fed.gov to back down. What are they going to do, invade Texas (or many states) where there are tens of millions of guns? That won't happen.
The tragedy is that neither will such an ultimatum - though I'd support it. I swore an oath to defend and protect the Constitution against all enemies, foreign AND domestic - and a fed.gov intent on collecting a large measure of the powers that, under the Constitution, belong to the states and the people is a "domestic enemy" by my definition. Oh, what I wouldn't give for one governor with a real spine.
You couldn't be more wrong. This whole mess got started with almost exactly that situation.
1942 saw the infamous case Wickard v. Filburn, where Filburn was feeding his own chickens by growing more wheat than he was allowed to do under a wheat price support program. He argued that the feds couldn't regulate what he grew on his farm to feed his own chickens under the guise of the Commerce Clause since it had never crossed a state line nor entered commerce by being sold at all. The Court found against him and brought us to where we are today.
To give you a more current and even more household-scale application of federal hubris, a couple years ago a federal law was passed banning the sale for use by children under 12, of any product not tested and shown NOT to contain lead and some other supposedly toxic chemicals. The feds actually presume to regulate under this law what private citizens can sell at a garage sale, and send around agents to CHECK on them!
It must be shattered, whether the U.S. Supreme court does its job or not, the State must protect the rights of its citizens from federal usurpation.
The argument of the federal government having the right to regulate anything that “effects” interstate commerce is an argument to give themselves unlimited power.
That simply cannot be accepted as legitimate by any self-respecting patriot.
Unlimited government cannot be regarded as legitimate government, anymore then a common dictatorship.
Its time to tell the federal court in no uncertain terms that we really don’t care what THEY think of the extent of their own powers, they wont be allowed to weld unlimited powers nor will any judgment which preports to allow the same be enforceable within any free oath-keeping State.
Tell the Court that if they want legitimacy and respect for their rulings, they better act like a court that read the law as it was written, clearly intended, and demonstrated rather then ignore and rewrite it.
The point should be made that THEY themselves are always on trial, that the constitution is not theirs alone to uses as they please, but rather the property of the people, and their States.
Im with you Ancesthntr, read theses bills being proposes by Georgia, Oklahoma and Washington State. They do just that!
We need our States passing Federal escrow Tax bills like this one now being looked at in Georgia: http://www.legis.ga.gov/legis/2009_10/versions/hb877_LC_18_8555T_pf_2.htm
or this one being looked at by the Oklahoma state Legislator:
http://webserver1.lsb.state.ok.us/2009-10bills/HB/HB2810_int.rtf
Or this one in Washington State:
http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/House%20Bills/2712.pdf
I would call your legislator and ask them to pass something similar.
I’m unclear what you’re saying: you are against (or for) existing government programs?
Are you FOR eliminating “un-Constitutional” governmental “largess”? Or are you against the “xpense” that such ideals incur?
If YOUR mother / dad was dying (and they couldn’t afford the expens) would you advocate their death (or would you fight)?
Do you think that your President was a good speaker or not?
Do NOT even go to where I believe you intend: Kathleen Willy is a Wack-hat. I will NOT vote for a whack-hat.
In like manner: I refuse to vote for ANYTHING associated with John McCain.
Alrighty then...
The first thing you (and a lot of Americans) need to do is stop using the Federally created STATE within the state abbreviations, such as AZ, NC, SC, TN, etc.
States such as New York, New Jersey, have always used those abbreviations but, they didn't mean what they mean today.
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