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To: Cboldt
“But that possession affects interstate commerce, and such a recitation must appear in the federal law that prohibits handguns w/in XX feet of a school. The Lopez decision was gutted months after its passage. It's holding is facile.”


I believe you are mistaken. Lopez was cited in United States v. Stewart, where the 9th circuit held that homemade machine-guns did not fall under jurisdiction of the Federal government because they were not involved in interstate commerce.

18 posted on 05/04/2009 7:44:53 AM PDT by marktwain
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To: marktwain
-- Lopez was cited in United States v. Stewart, where the 9th circuit held that homemade machine-guns did not fall under jurisdiction of the Federal government because they were not involved in interstate commerce. --

SCOTUS directed the 9th Circuit to reconsider Stewart and be guided in that reconsideration by Raich. The result:

"We therefore hold that Congress had a rational basis for concluding that in the aggregate, possession of homemade machineguns could substantially affect interstate commerce in machineguns."

19 posted on 05/04/2009 7:49:56 AM PDT by Cboldt
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To: marktwain

The findings in Wickard, Lopez, Stewart all point to an
unenunciated Federal power to elevate private posession of anything to an act of interstate commerce. I am trying to
think of something that the Feds could not by fiat promote
possession of to a Federally regulated act were they of a mind to.


21 posted on 05/04/2009 7:58:04 AM PDT by rahbert
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