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To: yefragetuwrabrumuy
-- What I want to see is the SCOTUS affirm the right of states to regulate *intrastate* commerce in firearms. --

That decision has already been made, and opposite the direction you suggest. US v. Stewart. The feds have supremacy in that regard too, via application of the Raich (pot) precedent to firearms. SCOTUS ordered the ninth circuit to uphold the conviction of a man who had a federally prohibited weapon, where the weapon never left his house, nevermind leaving the state.

Pigs will fly before the SCOTUS again rules in favor of the RKBA, as it did in the Miller and Presser cases.

17 posted on 02/02/2013 6:29:56 AM PST by Cboldt
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To: Cboldt

Not too long ago, I would have agreed with you, but Chief Justice Roberts Obamacare decision has changed the entire game.

“In 2005, Sen. Barack Obama spoke in opposition to Roberts’ nomination, saying he did not trust his political philosophy on tough questions such as “whether the Commerce Clause empowers Congress to speak on those issues of broad national concern that may be only tangentially related to what is easily defined as interstate commerce.” Today, Roberts did what Obama predicted he would do.

(The Roberts opinion stated) “Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to “regulate Commerce.”

Importantly, “This is the brightest line in the sand ever drawn on the question of where the interstate commerce power ends... This standard, meanwhile is very likely to get more rigorous as time goes on.”

“One of the signature judicial “achievements” of the Left has been the erosion of individual liberty using Congress’ power to regulate interstate commerce. This disturbing trend arguably reached its peak in Wickard v. Filburn, a case that said that Congress could regulate everything including how much wheat a farmer fed his hogs because that could have a plausible impact on interstate commerce. In the face of this, liberals rushed to pass every conceivable form of regulation, no matter how nitpicky or micromanaging it was, because if that was allowed, everything was. Successive courts nibbled around the edges in cases like United States vs. Morrison, but ultimately left this expansive reading untouched.”

But with the Roberts Obamacare decision, the door has been opened to the serious erosion of Wickard.

Importantly, this point was not missed by some of those on the left, as the *next* most valuable constitutional misinterpretation they have created, after the Interstate Commerce Clause, was the General Welfare Clause, the tool used by LBJ to create his Great Society welfare state.

Nancy Pelosi actually blurted this out as a separate and alternate justification for Obamacare, out of fear that the Interstate Commerce Clause abuses have been effectively crippled.

The bottom line is that, while right now, states are not able to stop intrusive federal efforts against gun rights, they are looking forward to challenging the authority of the federal government on a whole host of micromanagement issues. And with the Roberts decision, they may start to win these arguments, at the expense of federal power.


18 posted on 02/02/2013 6:59:18 AM PST by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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