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To: MamaTexan
While originally I thought it was to regulate commerce State to State, I have since learned it is part of the taxation power

All this reminds me of United States v. Lopez. In 1992, 12th grade student Alfonso López brought a .38 to school and was charged with a violation of the federal Gun-Free School Zones Act of 1990. The case made its way to the Supreme Court, and the government argued that this law was necessary because bringing guns to schools affected general economic conditions. Thank God the Court got this one right and rejected the government's case because such an argument would allow it to regulate anything because everything has an economic effect.

24 posted on 10/01/2011 6:23:24 AM PDT by ElectronVolt
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To: ElectronVolt
Thank God the Court got this one right and rejected the government's case because such an argument would allow it to regulate anything because everything has an economic effect.

Yep. Joseph Story said pretty much the same thing.

A regulation of one may injuriously or beneficially affect the other. But that is not the point in controversy. It is, whether congress has a right to regulate that, which is not committed to it, under a power, which is committed to it, simply because there is, or may be an intimate connexion between the powers. If this were admitted, the enumeration of the powers of congress would be wholly unnecessary and nugatory. Agriculture, colonies, capital, machinery, the wages of labour, the profits of stock, the rents of land, the punctual performance of contracts, and the diffusion of knowledge would all be within the scope of the power; for all of them bear an intimate relation to commerce. The result would be, that the powers of congress would embrace the widest extent of legislative functions, to the utter demolition of all constitutional boundaries between the state and national governments.
Joseph Story, Commentaries on the Constitution

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Hard to believe that less than 20 years later, ANY judge thinks the inalienable Right to Keep and Bear Arms is a 'privilege'.

29 posted on 10/01/2011 6:56:59 AM PDT by MamaTexan (I am ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
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