[gcruse]

The Republic is dead. Government is now legitimated and pursued via the Commerce clause. The remainder of the Constitution is subordinate and immaterial.

[tacticalogic]

Once again, gun bans and marijuana prohibiton are found bound together. The law banning the posession of a machine gun without having a virtually unobtainable tax stamp was the model for the Marijuana Tax Act back in the '30's.

[300winmag]

The court said homegrown marijuana confined to the state still can affect the entire national market for the drug, allowing for federal regulation.

The $22 in my pocket can still affect the entire national economy, too. I guess I'm subject to the commerce clause, too.

[finnsheep]

I think it is the Interstate Commerce clause that also insists we have to import garbage from other states into PA and from Canada into the USA. Maybe it is time to repeal that sucker.

[DustyMoment]

High court's Calif. pot ruling also outlaws homemade machine gun

Not sure I'm making that connection. But, this is CA, the center of the universe for the loony left.

[andyk]

The judges unanimously ruled Friday that Stewart's guns "might bleed into the interstate market and affect supply and demand" and that such items can be federally regulated "especially in an area where Congress regulates comprehensively."

But there is no market in newly-manufactured machine guns.

[mugs99]

I feel like I'm living in the Twilight Zone. In the Medical Marijuana case the court actually decided to protect organized crime from unfair competition by an honest citizen.

Lawyers for the U.S. Justice Department argued to the Supreme Court that home grown marijuana represented interstate commerce, because the home grown weed would affect overall production of the weed, much of it imported across American borders by well financed, often violent drug gangs.

Think about it...They actually argued that home grown weed would affect the inter state commerce of "violent drug gangs"...It would reduce their commerce! So the feds are claiming purview over home grown weed because it would unfairly reduce the inter state trade of violent drug gangs!

Will the court need to prohibit guns to protect the violent drug gangs from armed citizens?
.

[Mount Athos]

What is the logic behind applying the interstate commerce clause? Seems like a majority of federal overreaching comes from misapplying this.

[Wolfie]

Chickens meet Roost ping.

[gondramB]

>>SAN FRANCISCO (AP) - A recent Supreme Court ruling that Congress can ban homegrown marijuana for medical use in California led Friday to the reinstatement of an Arizona man's overturned conviction for having homemade machine guns.<<

Well sure - if the interstate commerce clause give the federal government over personal issues even when there is no interstate commerce it would apply to lots of things.... and be nutty.

[epow]

So, apparently this new and supposedly more originalist Court intends to continue allowing the the commerce clause to be grossly misused to falsely "legitimize" anything the feds want to do to control every aspect of our lives. I guess the right and proper Court decision of a few years ago which overturned a federal law concerning guns in school zones that depended on the commerce clause for it's legitimacy was just an anomaly handed down of an off day for the Court.

Now it's back to business as usual for the Court, IOW further stripping away the protections of our liberties that the authors designed into our Constitution.

[MarkL]

Given this sort of ruling, I'd like to know exactly what sort of act or product does not, in some tortuous way, effect interstat commerce...

For instance, I suppose that having a "homemade machine gun" effects interstate commerce by not having to buy an illegal machinegun from out of state.

And having homegrown pot depresses the economy of another state, or even another country, like Mexico, since you don't have to buy the pot from out of state...

Mark

[Lazamataz]

The court said homegrown marijuana confined to the state still can affect the entire national market for the drug

I defy anyone to show me how the Commerce Clause cannot be invoked for absolutely anything, given this ruling.

Our Republic has, in fact, died.

[mysterio]

It makes me sad that the statists destroyed the commerce clause to create their failed war on some drugs.

[Richard-SIA]

Just more proof that when it really matters, the SCOTUS will give the "Correct" answer, (the one supporting unlimited Gov. Org. power over the citizens) in place of the Constitutionally supported Truth!

All hail the ICC, it overrules the constitution, the clear intent of our founding fathers, and common sense!

So much for a "conservative shift" to SCOTUS.

[Know your rights]

Federal agents raided Stewart's house in June 2000 and found five machine guns, which Stewart argued did not violate the congressionally mandated ban on certain assault weapons because they were homemade and not for sale.

Shredding the Constitution is a small price to pay to protect ourselves from such a fiend (and from those diabolical potheads).

[tcostell]

Does anyone know the specifics on the gun case? Was this guy down in the basement with machine tools cranking out fully automatic weapons or was he using a dremel to widen an AK47 magazine slot to accept a 20 round magazine (and thus giving it too many evil features)?

Something smells here (apart from the usual smell of a courtroom.)

[Lurker]

SCOTUS has already dealt with this specific issue. This one will be overturned on appeal.

L

[raygun]

This ruling is screwed up on so many levels. First off: the Fed Gov has no jurisdiction respecting firearms violations on the basis of the 2nd ammendment guarentees. This was afirmed in U.S. v. MIller, 307 U.S. 174 (1939) concerning the constitutionality of keeping and bearing militia-type firearms. The same case also confirmed that the "militia" consists of "all males physically capable of acting in concert for the common defense" and that "when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."

So the Feds appealed the Appeals Court decision (which initially ruled in defendends favor on commerce clause grounds), and the Supreme Court remanded it back to the 9th Circuit Court with admonishment respecting stare decisis regarding U.S. vs. Willard (as it applies to the marijuana case).

The 9th Circuit Court rules in favor of Fed Gov on the basis of the commerce clause, instead of Miller vs Texas, 153 U.S. 535 (1894), whereby the 2nd and 4th Ammendments did not in and of themselves limit state action. In other words, the State can act to regulate firearms (not the Fed Gov) acording to the 10th Ammendment and in that the Militia is regulated by the State (not the Fed).

[Redcloak]

IIRC, some of our Drug Warriors were trumpeting Ashcroft v. Raich as a great day in the history of the Republic. There are things that I could say about their intelligence, breeding, and hygiene, but the Forum's rules of decorum stand in my way.