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Thread: 'Gun law freedom lawsuit dealt blow', Gouras AP via Charleston, SC Posted & Currying

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    'Gun law freedom lawsuit dealt blow', Gouras AP via Charleston, SC Posted & Currying

    http://www.postandcourier.com/news/2...it-dealt-blow/
    Quote Originally Posted by Gouras
    The states argue they should decide which rules, if any, would control the sale and purchase of guns and paraphernalia made inside their borders. They say the 10th Amendment of the U.S. Constitution assures that the federal government only has those powers that are specifically given to it by the U.S. Constitution.

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    So now they suddenly care about the 10th ammendment when it suits their agenda.

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    Regular Member Jack House's Avatar
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    Sounds like they got exactly what they wanted. How is that a blow to the cause?

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    Campaign Veteran skidmark's Avatar
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    Federal Magistrate Lynch wrote: "Because federal firearms laws are a valid exercise of Congress' power under the Commerce Clause as applied to the intrastate activities contemplated by the act, there is no 10th Amendment violation in this case."

    I looked. Twice. There is no "intrastate" in the Commerce Clause. Seems Magistrate Lynch needs to go back to school and re-learn Latin. "Inter" = between like or similar. "Intra" = within the same. Intermural vs. intramural.

    Of course, SCOTUS has eliminated any of the grammatical/logical discussiuon via their rulings, especially that by not being involved in interstate commerce you are involved in interstate commerce. The 10th Amendment serves no purpose except to make the Bill of Rights have an even number of Articles.

    stay safe.

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    Regular Member rodbender's Avatar
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    The goofs in black need to research how the word "regulate" was used in 1787. It was most commonly used to mean "to make regular or to make even". It was seldom used to include "control".

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    Article 1 Section 8 of The United States Constitution delegates Authority to The Continental Congress to Regulate the matters of:

    The Congress shall have power To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

    To borrow money on the credit of the United States;

    To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

    To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

    To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

    To provide for the punishment of counterfeiting the securities and current coin of the United States;

    To establish post offices and post roads;

    To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

    To constitute tribunals inferior to the Supreme Court;

    To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

    To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

    To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

    To provide and maintain a navy;

    To make rules for the government and regulation of the land and naval forces;

    To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

    To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

    To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;—And

    To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

    Therefore, what is not on the list, is reserved to The States and, ultimately, The People, per The 10th Amendment of The United States Constitution.

    The Authority to Regulate Firearms and Ammunition is not on the list, therefore, The 10th Amendment applies.

    Even Federal Law 18 U.S.C. 921(a)(2) says: The term 'interstate or foreign commerce' includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, [[[but such term does not include commerce between places within the same State but through any place outside of that State.]]] The term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

    Therefore, in conclusion, my analysis supports that per The Federal Definition of InterState Commerce, and The 10th Amendment work together to ALLOW 'State Firearm Freedom Acts'..., of like sort!

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    Regular Member rodbender's Avatar
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    Quote Originally Posted by aadvark View Post
    To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;


    Therefore, what is not on the list, is reserved to The States and, ultimately, The People, per The 10th Amendment of The United States Constitution.

    The Authority to Regulate Firearms and Ammunition is not on the list, therefore, The 10th Amendment applies.

    Even Federal Law 18 U.S.C. 921(a)(2) says: The term 'interstate or foreign commerce' includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, [[[but such term does not include commerce between places within the same State but through any place outside of that State.]]] The term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

    Therefore, in conclusion, my analysis supports that per The Federal Definition of InterState Commerce, and The 10th Amendment work together to ALLOW 'State Firearm Freedom Acts'..., of like sort!
    Regulate is the key word to focus on here. Today it's most common use means "to control". In 1787, when the Constitution was debated and written, and even up until the late 1800s or early 1900s, it's most common use was "to make regular or to make even".

    To me this means that the feds actually are not suppose to be controlling interstate commerce, but be making sure that states are dealt with equally by all states. This clause was put into the Constitution because, under the Articles of Confederation, each state had their own tariffs and duties from products coming in from other states and some states were charged more duties than others. Another reason for this clause was to insure that a state could not bar merchants from importing products from certain states, which was also a problem under the Articles of Confederation.
    Last edited by rodbender; 09-03-2010 at 10:24 PM.

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