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The Range
Law & Order
From Where Does Congress Derive the Authority to Regulate Firearms
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<blockquote data-quote="JM44-40" data-source="post: 2107822" data-attributes="member: 14273"><p>Yes, but <strong>today</strong> I believe you'll find that Congress will claim to derive its authority from the "Commerce Clause." The point I'm trying to make is their justification for doing this is illegitimate.</p><p></p><p>The Commerce Clause, that's being abused in my opinion, is in Section 1, Article 8, not the Bill or Rights.</p><p></p><p>Some may cite court cases that try to legitimize this approach, but I would submit the court has been wrong all along on the Commerce Clause. The court has been wrong before -- see "Plessy vs Ferguson." That case was later overturned as it should have been. You can't continue to stack wrong upon wrong and then claim it's right. No logic there...</p><p></p><p>Any authority for the federal regulation of ammunition would have to come under the claim of Commerce Clause applicability, or so they would say. This is why some states are passing legislation that exempts from regulation firearms manufactured in, and stay in, that particular state -- this is to get out from under the abuses of the Commerce Clause.</p><p></p><p>In the long term, correcting the abuse of the Commerce Clause would go a long way in fixing many of our ills -- in my humble opinion. Will it ever happen; I don't think so?</p></blockquote><p></p>
[QUOTE="JM44-40, post: 2107822, member: 14273"] Yes, but [B]today[/B] I believe you'll find that Congress will claim to derive its authority from the "Commerce Clause." The point I'm trying to make is their justification for doing this is illegitimate. The Commerce Clause, that's being abused in my opinion, is in Section 1, Article 8, not the Bill or Rights. Some may cite court cases that try to legitimize this approach, but I would submit the court has been wrong all along on the Commerce Clause. The court has been wrong before -- see "Plessy vs Ferguson." That case was later overturned as it should have been. You can't continue to stack wrong upon wrong and then claim it's right. No logic there... Any authority for the federal regulation of ammunition would have to come under the claim of Commerce Clause applicability, or so they would say. This is why some states are passing legislation that exempts from regulation firearms manufactured in, and stay in, that particular state -- this is to get out from under the abuses of the Commerce Clause. In the long term, correcting the abuse of the Commerce Clause would go a long way in fixing many of our ills -- in my humble opinion. Will it ever happen; I don't think so? [/QUOTE]
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