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Guns and the Commerce Clause: On the Way to the Supreme Court?
Cato ^
| 3/18/13
| Ilya Shapiro
Posted on 03/18/2013 11:06:00 AM PDT by Nachum
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To: 1010RD
How is this different from US v. Stewart?This is a sovereign state acting v. “Robert W. Stewart, Jr., a convicted felon”
That shouldn't matter. If Congress's power under the Commerce Clause extends to outlawing homemade machine guns for individuals, it also extends to state laws governing such matters because of the Supremacy Clause.
21
posted on
03/19/2013 5:56:31 PM PDT
by
Ken H
To: Ken H
That shouldn't matter.Just doesn't bridge the gap between theory and practice, does it?
22
posted on
03/19/2013 6:05:17 PM PDT
by
1010RD
(First, Do No Harm)
To: 1010RD
Not sure I get your point. If Commerce Clause power allows Congress to shut down intrastate medical marijuana programs, how could it not apply to intrastate gun manufacture as well?
23
posted on
03/19/2013 6:31:17 PM PDT
by
Ken H
To: 1010RD
I think this is an opportunity to revisit Wickard... Maybe. They had a chance with the Raich (sp?) case and passed.
24
posted on
03/19/2013 8:20:15 PM PDT
by
MileHi
( "It's coming down to patriots vs the politicians." - ovrtaxt)
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