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To: SWAMPSNIPER

What does the “commerce clause” have to do with the right to bear arms? Why do people that claim to be protecting the 2nd amend always feel the need to use other laws to do it? Does the “commerce clause” affect the sell of books and movies?


33 posted on 05/29/2010 11:11:42 AM PDT by DMG2FUN
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To: DMG2FUN
Since the New Deal, Fedgov has claimed that whatever has a "substantial effect" on interstate commerce makes it subject to congressional regulation. Congress uses the Commerce Clause to enact gun control legislation. I count at least 3 violations of the Constitution in these laws - the Commerce Clause, the Second Amendment and the Tenth Amendment.

Scalia's ELASTIC view of the Commerce Clause is well suited to an expansive fedgov:

"...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce."

J. Scalia, concurring, Raich

34 posted on 05/29/2010 12:52:23 PM PDT by Ken H
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To: DMG2FUN

They claim that guns and ammo are sold in interstate commerce and that gives government the power to regulate them. This needs to be challenged just like all government power grabs.


35 posted on 05/29/2010 1:01:55 PM PDT by SWAMPSNIPER (The Second Amendment, A Matter Of Fact, Not A Matter Of Opinion)
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