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Old February 16, 2013, 02:48 AM   #9
gc70
Senior Member
 
Join Date: May 24, 2005
Location: North Carolina
Posts: 2,442
I was surprised that Mr. Levy wrote an article premised on looking at the viability of enacting federal laws to "do something" rather than seriously questioning the constitutional basis of such laws.

Managing mental health treatment and arming guards at schools were both noted by Mr. Levy as applications of state police powers which the federal government does not possess. Gun control has historically been a state police power, but he did not even approach a discussion of the source of federal authority in that arena. While federal courts obviously have authority to negate state laws inconsistent with the Second Amendment, Mr. Levy failed to discuss the constitutional power(s) to enact federal gun control legislation.

The Second Amendment does not grant power to the federal government, but prohibits federal action. Federal gun control legislation has been based on either the power to tax or to regulate commerce. I was disappointed that Mr. Levy did not clearly discuss the resolution of collisions between those constitutional powers and prohibitions.
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