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  • Gordo

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    Mar 16, 2023
    1,154
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    San Antonio
    but they are black and evil!
    But, but doesn't Cerakote have rainbow colors?
    smiley_afro.gif


    Joking aside, thanks for dampening my tin hat worries...
     

    toddnjoyce

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    Sep 27, 2017
    19,285
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    Boerne
    The expansion of powers under the Commerce Clause is so deeply rooted in the way this country works that rooting it out, if it happens, isn't something I'll live to see.

    Gibbons, Swift and Company, and Wickard all sealed that deal in unfathomable ways. The only real challenge (and success) to Commerce Clause was Lopez in 1995, and days later Congress ameneded 18 USC 922 to state
    (q)(1) The Congress finds and declares that--
    ``(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;
    ``(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;
    ``(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Judiciary Committee of the House of Representatives and the Judiciary Committee of the Senate;
    ``(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
    ``(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;
    ``(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our
    country;
    ``(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;
    ``(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves; even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find
    their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and
    ``(I) Congress has power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation's schools by enactment of this subsection.

    That one burns my ass to no end. That quality education in local schools is interstate commerce is weapons grade horseshit.
     

    jamesmrj

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    Jul 28, 2011
    404
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    Cypress, TX
    OK, so what happens now if Paxton is removed from office?
    Will his replacement drop the the whole thing against the F-ing atf?
    Is the case against Paxton a ploy to get him out of office just because of this whole suppressor deal?
    I just wondered this same thing in the Paxton's Problems thread

    The names on top of the lawsuit paperwork filed in the future will change. That's about all I'd expect.
    I was hoping this might be the case.
     

    Whistler

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    Jan 28, 2014
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    Northeast Texas
    Re; 18 USC 922
    How is F not completely subjective? How exactly is that quantified?
    The whole "correlation is not causation" thing but how can you measure the impact?

    ETA: G is derived from and supported by F to justify the interstate and foreign commerce?
     

    etmo

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    Jan 25, 2020
    1,220
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    Cedar Creek, Tx
    Re; 18 USC 922
    How is F not completely subjective? How exactly is that quantified?
    The whole "correlation is not causation" thing but how can you measure the impact?

    ETA: G is derived from and supported by F to justify the interstate and foreign commerce?

    Even if F is completely subjective, that doesn't matter. A law is not required to be objective. As an example, there is a reasonableness standard in law which is at the core of our justice system, and that's impossible to make objective, yet every court in this nation relies on that standard.

    G is not derived from F, and needs nothing except it's own existence to effect interstate commerce.
     

    Whistler

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    IANAL but respectfully disagree; something that can not be empirically proven is not a fact and arguable as no proof can be established to support that position. G is obviously referencing F in "this decline in the quality of education" and establishes that premise.
    This effectively amounts to 'because I said so', I was unaware ours was a system of decree and unassailable.

    ETA: let me be clear, this is no different than the legislation by policy we all challenge. Something doesn't become "right" just because it's common.
     
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