Yes, this will indeed prove interesting.
Posted on 12/03/2010 6:50:08 AM PST by marktwain
Oops! This was published 2 December, not 1 December 2010.
Yes, this will indeed prove interesting.
Federalism/10A ping!
Now, do we have the intestinal fortitude to actually support overturning Wickard v. Filburn and the New Deal “substantial effects” Commerce Clause, or will we run screaming in the other direction because it will also take down the federal domestic drug war?
Kill TWO federal boondoggles with one shot??? Where do I sign?
It's WAY more than two, bro. In addition to federal firearm regulations like the AWB, it will also take down the DEA, the EPA, the Department of Education, OSHA, and a litany of other federal agencies and legistlation like the "hate crimes" laws.
The "substantial effects doctrine" is a virtual open-ended grant of power and has been the federal governments "catch-all" claim of authority for decades.
This is Hugh.
Oh, I know. Believe me, I know.
The 9th Circus is the most liberal in the land. Hopefully the Supreme Court takes this case soon.
The idea behind Wickard is so fundamentally at odds with the concept of a limited federal government that I simply cannot understand why it hasn’t already been overturned. The case stood for the proposition that a farmer cannot even grow food for his own family on his own farm, because of the fact that by doing so he will reduce demand for the food produced by other farmers (including some across state lines), thereby upsetting some 5-year master plan dictated by the Politburo errrr, Department of Agriculture. Utterly outrageous - what’s next, federal employees giving you the choice between going through a scanner that reveals every detail of your body vs. getting felt-up if you refuse the scan?
Oh.
Wait.
Nevermind.
Seriously, Wickard must be tossed out. It destroys the concept of federalism, the concept that we should be governed by those closest to us - physically and electorally. The way things are now, people 1,000 or more miles from most people pass laws in the dark of night without even knowing what’s in them, and then delegate the power to interpret those laws to a bunch of unelected, unaccountable bureaucrats. If the Founders could be somehow resurrected, I know for a fact that they’d begin fomenting a revolution as soon as they found out what was going on.
I hope they do this with tobacco.
And yet GWB, who professed to want "original intent" SC justices sent his Justice Department lawyers before the Supreme Court to argue to uphold it in the Raisch case.....
Pull the trigger, let the feathers fly as they will!
It's not the Wickard case that's the problem. It's the way the Wickard case has been construed by subsequent courts, ignoring the law and facts of Wickard, and taking a pro-fed-power remark as having unlimited application.
Those who read to the end of the case find out that Filburn could have consumed the excess on premises without penalty, by feeding unthreshed grain to his livestock (a common means of consumption).
The Wickard Court suggests that Filburn could not consume his grain without penalty, then explains why allowing this will affect interstate commerce, and therefore it's permissible to penalize growing wheat for home consumption. But the law did not forbid growing wheat for home consumption.
Was that the case where Wickard was cited by (Roberts?, Alito?) in the majority opinion? Do I just recall incorrectly?
The state laws that aim to disempower the feds over firearms are going to be found unconstitutional by every Circuit that takes up a case. SCOTUS is apt to deny cert, but if it takes up a case, it will agree with the Circuit. The only way the feds will be reigned in on this is by force of violence. I'm not advocating that, just saying that no part of the federal government is going to relinquish a hold on the power to regulate firearms at the personal level.
If they will not give it up, we're going to have to take it back. The longer we wait, the less likely it becomes that we will still have the means to do so.
In theory only. Somehow, we the people need to restore this theory to practice.
A difference without a distinction. The sticking point here is that the federal government, under the Commerce Clause, can regulate an activity that within itself is not commerce and does not cross state lines.
Nothing complicated here...the people of Montana simply need to tell the leftists on the 9th circuit to go directly to HELL. We will make our OWN gun laws for our state. If the left does not like them, TOUGH!!!! Like the man said...COME AND TAKE THEM!!!!
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