Thursday, July 24, 2014

Commerce Clause Abused by SCOTUS

Ever wonder how a federal law can prevent carrying a gun near a school?  Commerce clause.  Yep, a convoluted trail leading to the law being valid under the commerce clause of the Constitution.  Thomas Sowell cites Justice Stephen Breyer (on p.256 of “Intellectuals and Society”):

Possession of guns in schools means violence, and violence means poor education.  Poor education means an unproductive, noncompetitive workforce.  And that kind of workforce negatively affects not just one state but all states.  School violence, of which guns are a part, arguably presents a national problem warranting a national solution.

As Sowell points out, activist judges first decide WHAT they want to accomplish, and then wrangle the Constitution to accomplish their goals.

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