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To: OrthodoxPresbyterian
Ron Paul was caught between the Tenth Amendment and the Second Amendment on the "gun lawsuits" issue.

Congress has exclusive authority over interstate commerce; it was given such authority in part to prevent states from restricting it. Since these lawsuits are being filed precisely for the purpose of interfering with interstate commerce, I would think Congress should have the authority to ban them.

Also, per IV.1: "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof." What if Congress declares that judicial actions against gun manufacturers in other states shall be nullified?

155 posted on 05/12/2003 10:17:12 PM PDT by supercat (TAG--you're it!)
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To: supercat
Congress has exclusive authority over interstate commerce; it was given such authority in part to prevent states from restricting it. Since these lawsuits are being filed precisely for the purpose of interfering with interstate commerce, I would think Congress should have the authority to ban them. Also, per IV.1: "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof." What if Congress declares that judicial actions against gun manufacturers in other states shall be nullified?

I disagree. In my opinion, the States enjoy the Right to permit Gun Lawsuits within their own jurisdiction.

In my opinion, a proper reading of the Interstate Commerce clause would permit the States to declare all Profits accrued by Gun Manufacturers within their jurisdictions to be Forfeit By Law.

In other words, New York should have the Right to declare Profits accrued within the jurisdiction of New York to be Forfeit By Law, but not Profits accrued outside of New York. (If this interpretation were applied, the Gun Manufacturers would very soon refuse to sell Guns inside of New York... and New York would die on the vine. But the "States' Rights" of New York would remain intact).

That's just a "working opinion" on my part, I'm still chewing on it... but it makes sense to me.

Thoughts?

177 posted on 05/12/2003 11:22:25 PM PDT by OrthodoxPresbyterian (We are Unworthy Servants; We have only done our Duty)
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