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View Diary: We Got Your Assault Weapons Ban Right Here (20 comments)

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  •  Supremacy clause isn't as far reaching. (0+ / 0-)

    Of note is that the federal government is one that must be handed powers. It didn't have the power to tax until the constitution specifically granted the congress the power to tax. It grants power to be a regulator over cross-state commerce. Read that first amendment again, it's not phrased as a declaration that right to speech is granted to the people, it's phrased as a command that the federal government keep it's hands off the right to speech / religion.

    It's a nuance that is not noted by hardly anyone, but the most accurate statement I can come up with is

    Sure, the supremacy clause rules supreme - ONLY with those laws that have been delegated to the feds.

    Examples of note...
    Recall last year that the mandate in the affordable care act was struck down under the interstate commerce clause, because the specific power of interstate commerce could not cover the individual mandate.
    Recall that the individual mandate was upheld, under the TAX power. Note that the tax power is specifically granted to the congress - it's not assumed.

    Recall a few years ago that the scotus ruled that a state / municipality could go Eminent Domain for public economic interest. And with that you get local government taking benton harbor's lake front park and selling it dirt cheap to a golf course to close a budget hole. But the fifth amendment required that FEDERAL eminent domain be for public use... The difference between public interest and public use is that benton harbor got a golf course that costs six months income in membership fees while federal eminent domain results in publicly accessible national parks and such.

    That's all I need to point out, that the feds are only laws of the land in those areas where they have been granted specific powers. It only seems like they have so much power because of a few key phrases that have wide elbow room. "Interstate Commerce" for one - NOTHING stays in just the state where it was made. Mossberg of connecticut sells into other states, and it's just easier to use the federal rules for inside-connecticut sales as they do for the other 49 states.

    These inside-state laws that exempt inside-state guns from the cross-state jurisdiction of the feds, they do have a legal leg to stand on. And it's worthwhile to remember the actual limitations that were built into our enumerated powers checks and balances government.

    It's safe to trust a sane person with the keys to nuclear weapons, but it's not safe to trust an insane person with the cleaners under the kitchen sink. The answer is not more gun control, it's people care.

    by JayFromPA on Sun Jan 27, 2013 at 11:12:19 PM PST

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