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To: robertpaulsen
If a private pilot, flying intrastate, does not have a substantial relation (affect) on interstate commerce (ie., flying outside of controlled airspace), Congress (via the FAA) has no power to regulate those activities.

Why not? The first two categories can't reach intrastate activity? Rhenquist said the second one could.

Second, Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities.

Are you saying the first category (channels of commerce) can't reach intrastate activity?
1,072 posted on 11/17/2007 6:53:18 AM PST by publiusF27
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To: publiusF27
"Rhenquist said the second one could."

He was referring to something different. Child Labor Laws would be an example. There, the channels are not being regulated, nor the commerce itself. But the fact that children are being used to manufacture the commerce that ships interstate, provides Congress with the nexus and the authority to regulate.

I really don't want to go off on a tangent here. I don't see any connection to guns.

"Are you saying the first category (channels of commerce) can't reach intrastate activity?"

Well, since those are interstate channels of commerce, I'd have to say no.

But, if there is some nexus between the intrastate and interstate channels, where one is dependent upon the other, then yes. The Shreveport Rate Cases come to mind.

1,077 posted on 11/17/2007 7:26:50 AM PST by robertpaulsen
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