Sunday, January 02, 2005

 

Machine Guns And Drugs For All

It seems as if the issue of machine guns (the new manufacture of which was banned in 1986, sending the value of ones built prior to that through the roof) is coming up in the Supreme Court, as the relevant law (the Firearms Owners Protection Act of 1986) might be in violation of the Constitution, as perhaps the interstate commerce clause doesn't provide Congress with the power to regulate the manufacture, sale, and use of firearms (2nd Amendment notwithstanding). There's a good thread going on The High Road with a bunch of legal terminology I don't understand.

It also sounds like this is tied in with the issue of medicinal marijuana, which is also being contested in the Supreme Court in the well-known Ashscroft-vs.-Raich case.

The bottom line is this - if either firearm or drug regulation is found to not be covered under the interstate commerce clause, then the other will be as well. Either way this one goes down, it's likely to piss off just about everyone. Additionally, this could have far-reaching impact on the ability of the federal government to do anything from protecting the environment to levying taxes. Needless to say, it will be interesting to see how this all plays out.

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