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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: Ken H

Why doesn’t this “commerce clause” affect the 1st amend things. You know books, movies, and music items.


37 posted on 05/30/2010 12:57:47 PM PDT by DMG2FUN
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