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To: robertpaulsen
"Koopman's HB 366 would exempt guns made in Montana from federal regulation under the commerce clause of the U.S. Constitution, as long as the guns remain inside the state."

Nice try but it won't work. You know as well as I do that this is just a childish "wink, wink, nudge, nudge" piece of legislation.
We're not shipping it interstate so Congress can't touch us. Nyah, nyah.

That's it? The great scholar robertpaulsen,robertpaulsen just proclaims the Montana effort to be a neener-neener, nyah-nyah moment, and retires?

Puh-leeze.

150 posted on 03/06/2005 1:21:16 PM PST by P_A_I
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To: P_A_I
It's almost identical to Raich v Ashcroft, the medical marijuana case in California.

The USSC will use, as precedent, the landmark case, Wickard v Filburn to strike down both cases.

"Roscoe Filburn was a farmer who argued that his wheat crop should not fall under federal production quotas because much of it was consumed on his own farm. The Supreme Court held that even if that wheat did not enter interstate commerce, wheat grown for use on a farm altered supply and demand in the national market."

If guns are manufactured in Montana and purchased in Montana, that means that Montanans are not buying them from other states. Correct? Does that then negatively affect interstate commerce?

Now, normally, who cares? BUT, Congress has chosen to regulate the interstate commerce of firearms. Therefore, anything that substantially affects their regulatory efforts (and this would) is their business and they have the power, under the Necessary and Proper Clause, to regulate that intrastate traffic also.

Ask yourself. What if every state did this? Wouldn't this make a mockery of Congress' regulatory efforts? Is this what the Founding Fathers had in mind when they wrote the Commerce Clause? That states could undermine and subvert Congressional efforts?

Now, since the issue is guns, you're all in favor of the states spitting on the feds. So, what, do we start making exceptions to the Commerce Clause to please you?

Maybe it's better if we, instead, take this up with the people we elected? The ones who wrote these laws and tell them to repeal the laws or they will be voted out?

Wouldn't this be better than corrupting the Commerce Clause because of this one issue?

Or is it just easier to sit at your keyboard and type, "The courts are twisting the Commerce Clause .... blah, blah, blah ... what are we going to do ...?" Time to get off our collective butts and vote out the people writing these confiscatory gun laws. That's where we have our power. Not with unelected judges.

151 posted on 03/06/2005 1:51:48 PM PST by robertpaulsen
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