Posted on 01/22/2010 6:59:46 AM PST by Still Thinking
The United States government has filed a Motion to Dismiss the lawsuit filed by the Montana Shooting Sports Association and the Second Amendment Foundation. The suit was filed the support the Montana Firearms Freedom Act which declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states.
The argument is that the Federal government has overstepped its authority in attempting to regulate and tax firearms that never cross a state border. The Feds counter that it is a valid exercise of commerse power because even sales of firearms that don't cross state lines have an effect on interstate commerce.
This Motion to Dismiss is the first response in what is expected to be a long hard fight by both sides and is just one battle in a larger struggle for increased State's Rights. Alabama, Alaska, Arizona Florida, Georgia, Indiana, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Virginia, Washington, and Wyoming have all introduced similar bills and nearly a dozen states have movements underway to follow.
(Excerpt) Read more at examiner.com ...
How would you go about that? Prosecutors and judges try to use voir dire to eliminate any jurors who are aware of their right to nullify, so unless you educate 99% of the population, enough to make it impossible to impanel a jury without them, you'll have trouble if your idea is that they do this openly. If you educate 10%, and they keep their mouth shut, and don't reveal what they're doing even during deliberations, it might work. But then, they might get thrown out and replaced with the alternate for "refusing to deliberate".
Excellent point....yet, it is my opinion that this bumbling el presidente and his socialist minions have taught many Americans a lesson in gubment in economics... It don't work!
My concern is that the big lesson is ahead. It's like watching a head-on car crash in slow motion....
The good news is the companies supposedly saved by Obamy and buddies deserve the Jonestown Juice.
Could be the spark needed for CW II.
I am thinking that the feds are terrified of the idea that hundreds of small businesses could spring forth ..... and all of them would be in-state firearm manufacturers. I love the idea!
Corporations are not owned by the people. Corporations are owned by some people. Most stock that is bought and sold isn't voting stock.
The biggest problem I have with corporatism is that corporations are given the same rights that people are. That cheapens the rights that we have. The people's rights come from God. A corporations rights don't. So no matter how wonderful the corporation, my rights trump theirs. Sadly, this is not reflected in law.
It also confuses some otherwise clear thinking elected officials. They gave corporations the rights they have, so they can take them away. Sometimes they get confused and think that means they can take rights away from the people too.
Replace "firearms" with any other product and you see that they can claim they control EVERYTHING.
I am interested......
You know what I mean't... I will always err on the side of freedom...and limited government....NO EXCEPTIONS...exceptions are the termites that eat away freedom slowly.
hmmm, there’s that ‘don’t have standing’ phrase again....
Interesting idea.
How can they not have standing? The feds sent them a letter contradicting their state legislature about what rights they have or don’t have. Sounds like an issue ripe for resolution to me.
Thanks for posting that. That’s a case I should have saved locally, but didn’t. It’s always better to read the decision itself, rather than what the enemedia tells you the case says. Case in point is yesterdays FEC decision. The dissent (in part) by Thomas was devastating.
Problem is, if you accept the game as defined by the feds the choices are allow their nose in your tent, or let them use funds generated by honest work in your state to fund only the most collectivist states. The game needs a rule change. See this thread.
Government-created entities being given the same rights as a person IS an exception.
The Declaration of Independence doesn't mention corporations. Neither does the Constitution.
The fourth amendment says: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
It doesn't say that a corporation also has those rights guaranteed to it. But the government and the courts treat it that way.
“even sales of firearms that don't cross state lines have an effect on interstate commerce. “
For the Federalies EVERYTHING has an effect on interstate commerce – using that logic there isn't anything that is beyond their control.
What makes people think that after enduring a long string of abuses under despotism and enduring a long war to be free of them that the founding fathers would set up a government that would eventually go right back to tyranny?
What makes people think that the writers of the Constitution would have written in there all manner of restraints on the Government, and yet leave ONE loophole that invalidates the rights in the whole document?
What were the being paid by the word? There would be no point having all these restrains on governmental power and leave it all open to the feds through the commerce clause.
Government created....? The corporate structure exists because of government regulations especially the IRS....
These 'companies" would exist without the interference of uncle sam..thank you very much.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
"Given"?????? Government didn't give me or my company rights...My rights decend from God...and only he can take them away.
God gave you your rights. Government gave rights to your company.
Only God can take your rights away. But government can take your company's rights away because God didn't create your company or General Motors or Bob's Microwave Repair. The government did when you incorporated.
And I object to the government working harder to protect the rights of corporations than they do to protect the rights fo citizens.
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