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To: robertpaulsen
The federal government has no authority in this area under the second amendment. Any law they pass under the second amendment would only apply to the federal government, not the states, since the second amendment only applies to the federal government.

You are ignoring the Supremacy Clause again. Any law Congress passes is the Supreme Law of the Land until either the USSC overturns it or Congress rescinds it. The Feds can enforce their laws within States if it's on the books.

Did you forget what you wrote here?--

Should the federal ban on assault weapons be... Freep this CNN Poll (assault weapon ban Posts 101 through 122 should refresh your memory.

That's why the federal Gun Control Act of 1968 and the federal AWB of 1994 were passed under the Commerce Clause, not the second amendment.

Yes, that would be the New Deal "substantial effects" sophistry which you defend so vigorously. I believe you called it "using the full potential of the Commerce Clause" or something like that.

139 posted on 06/03/2004 9:59:05 AM PDT by Ken H
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To: Ken H
"Yes, that would be the New Deal "substantial effects" sophistry which you defend so vigorously. I believe you called it "using the full potential of the Commerce Clause" or something like that."

Yes it would be, that's for sure, no doubt about it. So? You got a point?

It doesn't change the fact that Congress used the Commerce Clause instead of the second amendment. One would think that if one were writing a constitutional gun law, one would use the second amendment as justification, yes?

If the second amendment applies to the states, why didn't Congress write the 1968 GCA and 1994 AWB (and the Gun Free Schools Act) under it instead of the Commerce Clause? Can you answer that?

156 posted on 06/03/2004 11:23:42 AM PDT by robertpaulsen
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