The Down Range Forum
Member Section => Politics & RKBA => Topic started by: Bidah on January 21, 2010, 02:32:44 PM
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Not that this is a big surprise, but it is what it is..
http://www.helenair.com/news/state-and-regional/article_754a53d8-06b9-11df-a1f7-001cc4c002e0.html
By MATT GOURAS Associated Press | Posted: Thursday, January 21, 2010 11:20 am | (0) Comments
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HELENA - The federal government is asking a judge to dismiss a lawsuit seeking to exempt guns made in Montana from national gun control.
The Department of Justice argues in a filing in U.S. District Court in Missoula that federal gun control is a "valid exercise of Congress' commerce power under the Constitution."
Last year, gun advocates in Montana filed a lawsuit arguing the state should decide which rules, if any, would control the sale and purchase of guns and paraphernalia made in Montana.
The action followed the Montana Firearms Freedom Act by the state Legislature that declares Montana's sovereignty on the issue.
The Justice Department argues in a brief filed Tuesday that the state act is pre-empted by federal gun control and asks the court to dismiss the lawsuit.
-Bidah
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The Justice Department argues in a brief filed Tuesday that the state act is pre-empted by federal gun control and asks the court to dismiss the lawsuit.
-Bidah
Now there is a dangerously slippery slope, I tell ya what.
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10th Amendment.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ”
[edit] History and case law
The Tenth Amendment is similar to an earlier provision of the Articles of Confederation: "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled."[1] After the Constitution was ratified, some wanted to add a similar amendment limiting the federal government to powers "expressly" delegated, which would have denied implied powers.[2] However, the word "expressly" ultimately did not appear in the Tenth Amendment as ratified, and therefore the Tenth Amendment did not amend the Necessary and Proper Clause.
The Tenth Amendment, which makes explicit the idea that the federal government is limited only to the powers granted in the Constitution, is generally recognized to be a truism.
“If the federal government has the exclusive right to judge the extent of its own powers, warned the Kentucky and Virginia resolutions’ authors (James Madison and Thomas Jefferson, respectively), it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power.”
–Thomas E. Woods
Slippery slope indeed, considering how this Admin, just loves and adheres to the Constitution.
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The Tenth Amendment, which makes explicit the idea that the federal government is limited only to the powers granted in the Constitution, is generally recognized to be a truism.
Oh, but we can just preempt that silly little mistake ::)
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It all went downhill after that silly "Taxation Without Representation" thingy,......got trampled,.....
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It all went downhill after that silly "Taxation Without Representation" thingy,......got trampled,.....
Its all Bush's fault ::)
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Its all Bush's fault ::)
They will even throw President Reagan under the bus and blame him too...
Can't help themselves.....