The Firing Line Forums - View Single Post - Is there a way to hoist Congress on their own interstate trade petard?

speedrrracer · February 3, 2013, 03:32 PM

Probably not. The commerce clause is an enumerated power of the government in the Constitution. So, it's sort of on the same level as your rights as an individual.

So the courts are going to protect it in a VERY meaningful way.

If the govt starts using the commerce clause to prevent you from exercising free speech or going to church, OK, sure, SCOTUS will slap them down a notch, but only far enough to carve out the space necessary for you to go to church or speak or whatever.

If the govt were to use interstate commerce to put a de facto ban on ammunition, sure, the courts would probably step in, but again, it would be another carveout to protect ammo suppliers / mfrs / delivery, etc, not a sweeping restriction on the govt, because the govt must retain their enumerated power just as much as you must retain your right to go to church or have a gun for lawful purposes.

February 3, 2013, 03:32 PM	#5
speedrrracer Senior Member Join Date: December 15, 2011 Location: San Diego, CA Posts: 317	Probably not. The commerce clause is an enumerated power of the government in the Constitution. So, it's sort of on the same level as your rights as an individual. So the courts are going to protect it in a VERY meaningful way. If the govt starts using the commerce clause to prevent you from exercising free speech or going to church, OK, sure, SCOTUS will slap them down a notch, but only far enough to carve out the space necessary for you to go to church or speak or whatever. If the govt were to use interstate commerce to put a de facto ban on ammunition, sure, the courts would probably step in, but again, it would be another carveout to protect ammo suppliers / mfrs / delivery, etc, not a sweeping restriction on the govt, because the govt must retain their enumerated power just as much as you must retain your right to go to church or have a gun for lawful purposes.