Tennessee Gentleman
New member
Congress' ability to pass indirect laws in the pending implementation of the Real ID Act
I'll let the ACLU fight that one
Congress' ability to pass indirect laws in the pending implementation of the Real ID Act
All Congress has to do is produce a Congressional finding that the possession of firearms in a school zone has an effect on interstate commerce, and such a law would be upheld.
Of course, the Congress has stated that their powers extend to intrastate commerce as well; but I don't believe the SCotUS has ever found that link.
All Congress has to do is produce a Congressional finding that the possession of firearms in a school zone has an effect on interstate commerce, and such a law would be upheld.
the Government concedes that "[n]either the statute nor its legislative history containexpress congressional findings regarding the effects upon interstate commerce of gun possession in a school zone." Brief for United States 5-6. We agree with the Government that Congress normally is not required to make formal findings as to the substantial burdens that an activity has on interstate commerce.
The Government's essential contention, in fine, is that we may determine here that 922(q) is valid because possession of a firearm in a local school zone does indeed substantially affect interstate commerce.
if we were to accept the Government's arguments, we are hard-pressed to posit any activity by an individual that Congress is without power to regulate.
To uphold the Government's contentions here, we would have to pile inference upon inference in a manner that would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States. ... This we are unwilling to do.
maestro pistolero said:I've been wondering lately how it is that drivers licenses are automatically recognized in any state. What is the legal mechanism by which there is reciprocity for driver licenses? Could it be applied to CCW permits? We have reciprocity already, just not universally.
. . . the misconception, as posed by the questioner is quite common.