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To: BerserkPatriot
-- Yes - I believe they had a ruling on that once. --

United States v. Lopez, 514 U.S. 549 (1995) invalidated the Gun Free School Zones Act as an impermissible exercise of the commerce clause power. In it's opinion, the Supreme Court instructed Congress how to draft a Gun Free School Zones Act that would survive judicial scrutiny, and be a permissible use of the commerce clause power.

All Congress had to do was add the phrase "or affects", preceding "interstate commerce."

Scalia is a big fan of this extension of federal power. He used it to uphold federal prohibition on pot in the Raich case. It was also used to reverse a gun case (not school zone), after the 9th Circuit found that a homemade gun, that never left the state, isn't an object of interstate commerce.

23 posted on 01/25/2013 10:26:41 AM PST by Cboldt
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To: Cboldt; All
I think you are mischaracterizing U.S. v. Lopez. I would not say that the court instructed Congress how to get around their ruling, though that is how the Clinton administration characterized it.

I would agree, though, that Scalia completely reversed his position with Raich, and told the 9th circuit to use Raich to reverse the decision on the homemade gun ruling that was based on Lopez.

I think that the 9th Circuit deliberately made the gun ruling to try to provoke a reaction from the Supreme Court, and they succeeded very well.

31 posted on 01/26/2013 11:10:12 AM PST by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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