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To: SeekAndFind

Not that it matters to our putative masters in Congress, but exactly how can Congress make it illegal for you to manufacture something in your own home if it is for personal use and not for sale?

The federal government is not granted a general police power - any federal laws are supposed to be based on the enumerated powers granted to the federal government by the Constitution. For example, the feds can’t arrest and prosecute you for murder, unless the murder occurs on federal property or you murder a federal official. Most laws that the feds pass are based on the Interstate Commerce Clause, but if this is something you make yourself and keep for your own use, it doesn’t qualify as interstate commerce, right?

That is not to say that states could not outlaw these weapons under the general police powers they have - although there would certainly be some 2nd Amendment problems with that approach as well.


32 posted on 05/07/2013 10:25:52 AM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: CA Conservative
Not that it matters to our putative masters in Congress, but exactly how can Congress make it illegal for you to manufacture something in your own home if it is for personal use and not for sale?

They will legislate any-and-everything! IIRC, the SCOTUS decided that a small farmer who was growing food for his own use was reducing the amount the same food being sold by other farmers in other states, so the congress COULD regulate what he was doing, and they still use that rediculous misuse of the commerce clause to claim to legislate and control EVERYTHING!

Mark

84 posted on 05/07/2013 11:23:18 AM PDT by MarkL (Do I really look like a guy with a plan?)
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To: CA Conservative

“Not that it matters to our putative masters in Congress, but exactly how can Congress make it illegal for you to manufacture something in your own home if it is for personal use and not for sale?

The federal government is not granted a general police power - any federal laws are supposed to be based on the enumerated powers granted to the federal government by the Constitution. For example, the feds can’t arrest and prosecute you for murder, unless the murder occurs on federal property or you murder a federal official. Most laws that the feds pass are based on the Interstate Commerce Clause, but if this is something you make yourself and keep for your own use, it doesn’t qualify as interstate commerce, right?

That is not to say that states could not outlaw these weapons under the general police powers they have - although there would certainly be some 2nd Amendment problems with that approach as well.”

I have been pounding the table on this issue re background checks ever since the Demoncrats began the last gun grab push. Not sure why but it rarely is mentioned in debates.


92 posted on 05/07/2013 12:05:36 PM PDT by allblues (God is neither a Republican nor a Democrat but Satan is definitely a Democrat)
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To: CA Conservative; All
“Not that it matters to our putative masters in Congress, but exactly how can Congress make it illegal for you to manufacture something in your own home if it is for personal use and not for sale?”

You can thank “Originalist” justice Scalia for that. He reversed Lopez in Raich to argue exactly that someone growing marijuana in their own home for their own use some how affected interstate commerce, and was therefore legitimately the subject of federal law.

The Supreme Court then used Raich to tell the 9th Circuit to reverse a decision under Lopez that building a machine gun for yourself and not for sale was not covered under the Commerce Clause.

99 posted on 05/07/2013 5:11:54 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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