Posted on 03/15/2010 6:28:47 AM PDT by marktwain
I don’t think so.
If it had been overturned, some FReepers would have been stating that every time anyone posted anything about it
(Wickard v Fillburn, FYI)
We simply need a SC decision that neuters the “interstate commerce clause” loophole the feds use.
This can be as simple a ruling as affirming what the founders intended by it -
it has to be “commerce”, it has to be “interstate”, and there has to be a dispute between the states involved in order for the feds to step in.
And Heart of Atlanta; Katzenbach (“Ollies Bar-B-Q”)
The federal govt. was created by the states, not the other way around. While the feds original intentions, to protect civil rights created under the 13th, 14th and 15th Amendments were salutary, now that they are using the commerce clause to infringe upon civil rights, it is time to remind them ‘who made who’.
Not to my knowledge, no.
Go Cowboys!
My favorite state.
If the item is manufactured OUTSIDE of the state and then sold and used within the state, it would fall under the interstate commerce clause (or at least that is the argument by which the Feds would claim jurisdiction for their regulations). By specifying the restriction on manufactured, sold, and kept within state borders, the state is affirming that the congressional authority to regulate interstate commerce does NOT apply and therfore any attempts to enforce federal regulation is unauthorized.
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