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View Diary: Gun control foes resurrect Confederate Constitution (66 comments)

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  •  How do you explain enumerated powers? (0+ / 0-)

    Most folks fail to recognize the nuance.

    Sure, the feds have supremacy - in ONLY the powers that have been delegated to the federal government.

    Powers that have been prohibited from being exercised by the federal government are relegated to the states. Note that the mandate in the affordable care act was struck down because the feds did NOT have the power to create a mandate under the interstate commerce clause.

    Repeat, the feds did not have the power to make a mandate for healthcare under the interstate commerce clause.

    Note that the constitution is specifically delegating to the congress the power to tax. Note that the affordable care act mandate was upheld because the mandate IS a tax even though they don't call it a tax. Just because you slap a different label on something doesn't actually change it. If that worked, I'd stick "Jaguar" on the truck and giggle all the way to the bank.

    The Feds are a government that only has powers that are specifically given to them. A few key phrases allow for wide elbow room, with the result that it seems like they have all sorts of jurisdiction, but they actually are limited in what they can do.

    And inside-state affairs is a big area where the power of the federal government is limited.

    All that stuff about the confederacy, doesn't mean anything to me. I'm just addressing the false notion a lot of people have that the feds can make laws for anything, like universal FBI background checks. Inside-state transfers pretty much avoid the federal multi-state legislation because it's not multi-state commerce.

    It's safe to trust a sane person with the keys to nuclear weapons, but it's not safe to trust an insane person with the cleaners under the kitchen sink. The answer is not more gun control, it's people care.

    by JayFromPA on Sun Jan 27, 2013 at 10:54:30 PM PST

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