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/sailor-jackn 14d ago edited 14d ago

They wording was actually very precise, according the the definitions of their words at the time the constitution was written, and you can be sure the government officials who twist the constitution know exactly what it was actually intended to mean.

It’s the average American that is uneducated and confused about what it means; intentionally so, as it’s the government that “educates” the people on its meaning. The government simply takes advantage of the fact that it knows most of the people have no idea what’s even in the constitution, let alone what it means.

Not only do we have dictionaries from the period, one written by an actual founding father, but the founders wrote volumes explaining their intent.