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Montana gun law subject of U.S. Supreme Court case
kaj18.com ^ | 25 November, 2013 | MTN news

Posted on 11/27/2013 2:21:50 PM PST by marktwain

"Our lawsuit is designed to challenge the federal Commerce Clause power," Marbut said. "That is, the power given to Congress in the Constitution to regulate commerce among the state's, which has been construed to allow the federal government to prohibit any economic activity within state. And we think that that's a transgression."

(Excerpt) Read more at kaj18.com ...


TOPICS: Business/Economy; Constitution/Conservatism; News/Current Events; US: Montana
KEYWORDS: banglist; constitution; guncontrol; mt
The Supreme Court turns down most of the cases appealed to them. I do not hold out much hope for this one, no matter that it has tremendous merit. The Commerce Clause has been morphed by "progressive" judges from a check on State power to a license for unbridled federal power.
1 posted on 11/27/2013 2:21:50 PM PST by marktwain
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To: marktwain

The problem is in philosophy - whether our “leaders” look for ways to uphold the Constitution or ways to get around it. Sadly, we have done poorly for most of the past 100 years, and the present makes me miss when we were just doing poorly.


2 posted on 11/27/2013 2:25:04 PM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: marktwain

Roberts will probably call it a tax.


3 posted on 11/27/2013 2:26:09 PM PST by Cicero (Marcus Tullius)
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To: marktwain

Off the top of my bean, Texas v Lopez 1997? A good precedent.


4 posted on 11/27/2013 2:32:23 PM PST by Dalberg-Acton
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To: marktwain
If we stretched the 2nd Amendment like they have stretched the Commerce Clause I'd have a minigun on my Harley and a 5K ton suitcase nuke under my bed instead of a .357 and 12 GA, respectively.
5 posted on 11/27/2013 2:33:51 PM PST by Feckless (I was trained by the US << This Tagline Censored by FR >> ain't that irOnic?)
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To: Pollster1
Obama intends to pack the lower courts with law school radicals. The vast majority of appellate court decisions stand. Leftist power will be truly consolidated.

We can kiss adios to what little remains of our freedoms, or we can take the responsibility you speak of, and call for an Article V amendment convention to re-federalize our republic. It is our only hope.

6 posted on 11/27/2013 2:41:14 PM PST by Jacquerie (History is dialogue in the present with the past about the future.)
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To: Feckless
If we stretched the 2nd Amendment like they have stretched the Commerce Clause I'd have a minigun on my Harley and a 5K ton suitcase nuke under my bed instead of a .357 and 12 GA, respectively.

You say that like its a bad thing... :)

7 posted on 11/27/2013 4:22:21 PM PST by ColdSteelTalon (Light is fading to shadow, and casting its shroud over all we have known...)
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To: ColdSteelTalon
You say that like its a bad thing... :)

I've always said that happiness is a few dozen W88s and goodly assortment of IRBM/MRBM/ICBM/SLAM/SLCM/ABM. Man I like those W66/W76 too. That Sprint missile is insanely cool, and with a few upgrades it's radar is an enhanced radiation weapon...just the thing for keeping the pigeons at bay.

HHOS

8 posted on 11/27/2013 5:39:10 PM PST by no-s (when democracy is displaced by tyranny, the armed citizen still gets to vote)
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