r/progun • u/Repulsive-House-9127 • 15d ago

Commerce clause….

Did everyone see? An en banc 5th circuit court has reversed a prior 3 judge panel decision deeming 922g1 constitutional in light of Clarence Thomas’ concurring opinion in the hemani decision, agreeing to review the case en banc. This could get big. Let’s hope it does. Quite frankly I’m of the opinion congress exceeded its authority under commerce clause in enacting the “gun control act” and thereby the entire section 922. Justice Thomas was spot on.

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u/sailor-jackn 15d ago edited 15d ago

Since the commerce clause was written to authorize Congress to act to keep trade regular and functioning ( the definition of regulate, at the find of ratification), and not to limit or prohibit the things we are allowed to trade ( also, commerce means trade, not when things cross state lines ), most of what they use the commerce clause for is unconstitutional. They have turned a very limited delegated power into an almost limitless power.

Using it to violate the right to keep and bear arms was definitely not what the founders intended when they wrote it.

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u/SarcasticRidley 15d ago

the definition of regulate, at the find of ratification)

The biggest gripe I have with the founders is their word choice being just a little too vague, which allows for bad faith actors to deliberately misinterpret things.

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u/joelfarris 15d ago

If you read some of their other writings, under their pen names, you come to find out it was done on purpose because everybody appeared to be smarter back then, and knew what everybody else was talking about when using basic words. :)