It is the U.S. Supreme Court that has perverted the Commerce Clause.APynckel wrote:Then take it to the supreme to make them STATE what interstate commerce's definition is.Charles L. Cotton wrote:State law cannot trump federal law and Montana's law is going to get someone a stint in a federal prison. The Commerce Clause has been so perverted over the years, especially in recent years, that it applies not only to products that have moved in interstate commerce, but also items that impact interstate commerce.
Your heart is in the right place, but even it the bill were to pass, it won't keep the feds from filing federal criminal charges.
Chas.
And state law DOES trump federal law by the 10th, since intrastate commerce is not a power delegated to the fed by the constitution.
Mr Cotton, the reason why this country is in the heap of poo that it is, is because people who are law abiding citizens won't stand up for what the law actually states, they just lean over a bit and say "yea, that's okay I guess" instead of just plain "NO, THAT IS NOT WHAT THE CONSTITUTION SAYS!!" It's time we tell the fed that it DOES NOT have these powers.
You are passionate about this issue and your interpretation of the 10th Amendment. That's fine. However, you don't want to take any chances yourself. You want Texas to pass a law like Montana so some unsuspecting person can erroneously believe federal law won't apply to an NFA weapon manufactured in Texas. Then you can passionately proclaim the injustice when the other guy goes to a federal prison for ten years.
If you feel this strongly, then you should go to Montana and build an NFA weapon yourself. Don't waste time building something intricate; build a single shot short-barreled shotgun. Then take it to the BATFE office in Helena, drop it on an agent's desk and ask him what he thinks of your handiwork. He will arrest you, you will go to trial and be convicted in federal court, then you can start the appellate process that will take you first to the Ninth Circuit Court of Appeals. When that court upholds your conviction, you can try to get the Supreme Court to hear your case. If it does, you'll be incredibly lucky, but then you can hear the Supreme Court tell you what it has told dozens of other defendants -- the Commerce Clause means just about anything Congress wants it to say. It will also tell you that the 10th Amendment doesn't apply because the Commerce Clause constitutes one of the enumerated powers. Then you can start your ten year sentence in a federal prison. Of course, you could continue to tell us what you believe the Constitution means.
I happen to agree with much of your interpretation, but what you and I believe doesn't matter. What matters is the opinions of at least five of nine U.S. Supreme Court Justices. But if you want to risk someone's freedom, make it your own.
Chas.