Posted on 06/17/2009 5:30:24 AM PDT by marktwain
First, the patriotic Americans who are acting to preserve their God-given rights have both the 2nd and the 10th Amendments clearly on their side.
Second, they have a strong incentive to stand up for their rights because obama poses the greatest danger to freedom in the history of our country.
Finally, by protecting this one fundamental right, they will emphasize the limits to federal power over individuals and strengthen all of our fundamental rights.
I'll be cheering for the patriots every moment, even though the People's Republic in which I live is beyond their reach.
I love this two-pronged approach.
It’s not a far leap from “your federal gun laws do not apply in our state” to “your federal X laws, being outside of the authorization of Article I, Section 8, do not apply in our state”.
Then, when the feds withhold highway funds or some such, the state escrows federal taxes collected within the state.
“Ensure the general welfare” and “regulate interstate commerce” are two of the most misinterpreted elements of Constitutional law, IMO. These two have been used to extend the federal tentacles so deeply into the lives and wallets of Americans that it will be very hard to undo. But, undo it, we must.
The 0bamunists must be stopped, while we still have a country to save.
BS more legislation from the Bench.
Imagine: Constitutional government in the United States again. That would be wonderful!
Count me in.
It would be the total end of collectivist schemes.
They wouldn’t be able to hold free individuals hostage under their system. Free individuals move to free states, away from collectivist states. Collectivist states collapse due to too many folks in the wagon and not enough pulling the wagon.
Leftists instinctively know this. That’s why their heads spin around and pea soup spews from their orifices when state sovereignty is mentioned.
But a series of subsequent court cases have, in the eyes of the federal judiciary, narrowed the Tenth Amendment so it now has little legal force.
"The [tenth] amendment states but a truism that all is retained which has not been surrendered." United States v. Darby, 312 U.S. 100, 124 (1941)
-- The Raich case was an abomination. In it Justice Scalia directly contradicted the decision he supported in Lopez, just 10 years earlier. --
The entire federal court system, Scalia, Thomas, Roberts and Alito included, are hostile to the RKBA as envisioned by the founders. They prefer a RKBA where licensed people can keep guns and pen-knives at home, for self defense. Anything so long as THEIR power is not threatened.
The Heller case is an abomination too.
People have to stand up and tell it like it is. And then take action.
heh...
The people and state governments promoting and passing these laws MUST be willing to ignore the marxists in the judiciary and enforce them anyway.
How stupid is it to push this only to buckle when the entity you claim has usurped power says “you cant do this”???
Seriously, f-— ‘em... Its time to go “all in” and do something about this little problem we have with our federal government. Its time to do what we should have done a LONG time ago and make these bastards understand that the federal government has its place and the states are going to put it back there.
Another possibility is that proponents can argue -- as Marbut plans to do -- that this case is different. In Gonzales v. Raich, the Supreme Court noted "it is not feasible to distinguish" marijuana that's "manufactured and distributed interstate and controlled substances manufactured and distributed intrastate." The Montana law, by contrast, says that all state-made firearms "must have the words 'Made in Montana' clearly stamped on a central metallic part, such as the receiver or frame."
That argument addresses only the "did this item travel in interstate commerce" point. Federal Court precedent allows the feds to assert force when an item can AFFECT interstate commerce.
There are FEDERAL bomb threat cases (kids closing the school) where the caller and recipient were in the same building. The feds "overrode" state laws criminalizing bomb threats by taking the defendant out of the state's control. The argument giving feds superiority over the states was that telephones CAN BE used in interstate fashion.
The feds are not going to give up turf. Period.
All this huffing and puffing by state legislatures is for show. Assuming a federal court takes the "test case," and the outcome is as dictated by Raich and other cases, what will the reaction of the state legislators be? "We tried, now re-elect us."
Seems like it is set up for defeat from the get-go...It’s the attitude...
I would think that to go before the group that usurped your rights with your tail already between your legs is a recipe for failure...
AFAIK, that has never happened.
-- Its time to do what we should have done a LONG time ago and make these bastards understand that the federal government has its place and the states are going to put it back there. --
ROTFL.
out
standing!
Yep.
The state COULD, by use of force, prevent (or attempt to prevent) federal authorities from taking physical control/possession of a defendant. E.g., Texas could have stood between the feds and David Koresh. The federal offense charged there was a firearms possession offense, of EXACTLY the same kinds of firearm that Texas now claims it aims to PROTECT from federal control.
While believing that the proponents of these "states rights" measures are earnest, I can't help but laugh at their naivete. These legal measures are destined to fail, and basically "buy time" while a new generation of subjects, meek subjects, replaces the anti-government revolutionaries who believe in freedom.
We should do what the left has been doing for years. Just sieze power, throw a few laws on the state books, and go on from there. If anyone objects, simply say, “It’s the law.”
Gary Marbut isn't aiming to eliminate federal gun laws.
Why not? Let's call them what they really are - federal infringements.
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