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Under what power can Congress regulate private sales? No power for UBC?

Discussion in 'Legal' started by joeschmoe, Feb 14, 2013.

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  1. k_dawg

    k_dawg Member

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    In any event, they can simply call the UBC a 'tax' and SCOTUS would bless it.
     
  2. joeschmoe

    joeschmoe Member

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    No.
     
  3. tomrkba

    tomrkba Member

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    They are abusing the Commerce Clause. Read the first lines of GCA 1968.
     
  4. zxcvbob

    zxcvbob Member

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    The exact wording if the 2nd Amendment takes arms out of the scope of the Commerce Clause. It is only by judicial dishonesty that any of GCA'68 is allowed to stand. (cue Frank Ettin to yell at me again because he's a lawyer and I'm not. Preemptive question: there have been no USSC decisions regarding the 3rd Amendment, does that render it meaningless?)
     
  5. Frank Ettin

    Frank Ettin Moderator

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    No reason to yell at you. I'll simply point out that your opinion is irrelevant. The courts have not adopted your view.

    That you consider it a matter of judicial dishonesty is also irrelevant. The opinions of courts on matters of law affect the lives and property of real people in the real world. Yours do not.

    In any case, the Founding Fathers assigned the judicial power of the United States to the federal courts (not you) and authorized the federal courts to exercise that judicial power to, among other things, decide cases arising under the Constitution (Article III, Sections 1 and 2).

    What it means is that we have less information about what it means in application.

    Law (and the Constitution is law) does not exist in a vacuum. It is a tool, when applied to a set of facts, for deciding various questions. It is when law is applied it affects things in the real world. Until it is applied it's just words.




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