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	<title>Comments on: What The Constitution’s Supremacy Clause Really Means</title>
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		<title>By: Dale McMahan</title>
		<link>http://www.ammoland.com/2013/02/what-the-constitutions-supremacy-clause-really-means/#comment-89023</link>
		<dc:creator>Dale McMahan</dc:creator>
		<pubDate>Thu, 07 Mar 2013 13:26:46 +0000</pubDate>
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		<description><![CDATA[Yes! The Electoral College is a good example of the bigger states controlling policy. They get the electroal votes over states with a smaller population when it comes to electing a president.]]></description>
		<content:encoded><![CDATA[<p>Yes! The Electoral College is a good example of the bigger states controlling policy. They get the electroal votes over states with a smaller population when it comes to electing a president.</p>
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		<title>By: DaveGinOly</title>
		<link>http://www.ammoland.com/2013/02/what-the-constitutions-supremacy-clause-really-means/#comment-85567</link>
		<dc:creator>DaveGinOly</dc:creator>
		<pubDate>Wed, 27 Feb 2013 06:00:30 +0000</pubDate>
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		<description><![CDATA[Another problem with &lt;i&gt;Wickard&lt;/i&gt; struck me.

If Congress can prohibit interstate commerce in any article with its authority to “regulate,” then it can prohibit interstate commerce in &lt;b&gt;all&lt;/b&gt; articles (e.g., food and fuel, maybe even electricity).  (I see no exceptions in the Commerce Clause that would make this impossible.)  It is theoretically possible for a group of states to cut off another state or group of states by prohibiting interstate commerce with that state or those states.

The authors of the Constitution foresaw a similar problem and nipped it in the bud when they wrote &quot;no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.&quot;  A majority of Senators cannot gang up on a minority of Senators and reduce the representation of those latter Senators’ states in the Senate.  Had they imagined that the Commerce Clause could be used to prohibit interstate commerce with a state or group of states (say, to coerce them into compliance with an unpopular policy), they surely would have made safeguards to prevent such an abuse.  Because such safeguards do not exist, one can conclude that the authors of the Constitution never contemplated an interpretation of the word &quot;regulate&quot; to include the authority to &quot;prohibit.&quot;  Such a power would permit blocks of states with a majority of representation in Congress to strangle minority states into submission.  Does anyone seriously believe the Constitution authorizes such an outrage?]]></description>
		<content:encoded><![CDATA[<p>Another problem with <i>Wickard</i> struck me.</p>
<p>If Congress can prohibit interstate commerce in any article with its authority to “regulate,” then it can prohibit interstate commerce in <b>all</b> articles (e.g., food and fuel, maybe even electricity).  (I see no exceptions in the Commerce Clause that would make this impossible.)  It is theoretically possible for a group of states to cut off another state or group of states by prohibiting interstate commerce with that state or those states.</p>
<p>The authors of the Constitution foresaw a similar problem and nipped it in the bud when they wrote &#8220;no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.&#8221;  A majority of Senators cannot gang up on a minority of Senators and reduce the representation of those latter Senators’ states in the Senate.  Had they imagined that the Commerce Clause could be used to prohibit interstate commerce with a state or group of states (say, to coerce them into compliance with an unpopular policy), they surely would have made safeguards to prevent such an abuse.  Because such safeguards do not exist, one can conclude that the authors of the Constitution never contemplated an interpretation of the word &#8220;regulate&#8221; to include the authority to &#8220;prohibit.&#8221;  Such a power would permit blocks of states with a majority of representation in Congress to strangle minority states into submission.  Does anyone seriously believe the Constitution authorizes such an outrage?</p>
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		<title>By: DaveGinOly</title>
		<link>http://www.ammoland.com/2013/02/what-the-constitutions-supremacy-clause-really-means/#comment-85474</link>
		<dc:creator>DaveGinOly</dc:creator>
		<pubDate>Tue, 26 Feb 2013 23:16:23 +0000</pubDate>
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		<description><![CDATA[Thanks for this article.  Very enlightening.

Seems to me that &lt;i&gt;Wickard&lt;/i&gt; should be challenged:
1. SCOTUS&#039; redefining of &quot;regulate&quot; to mean &quot;prohibit&quot; is plainly illogical.  If you &quot;prohibit&quot; something, there&#039;s nothing to &quot;regulate&quot; (make regular), so you can only do one, prohibit or regulate, not both.  (Imagine Congress prohibiting all interstate commerce.  Now there&#039;s nothing left to regulate.  Once something is prohibited, it can no longer be regulated.)  Likewise, if &quot;regulate&quot; means &quot;prohibit,&quot; that would restrict the authority of Congress to the ability to prohibit different forms of commerce, and would strip Congress of the authority to do every other thing it does with respect to interstate commerce, including the authority to &quot;make it regular&quot; (especially if &quot;regulate&quot; is defined in such a manner to preclude the definition &quot;make regular&quot;).  This interpretation makes nonsense of the purpose of giving Congress exclusive subject matter/legislative jurisdiction over interstate commerce.
2. History demonstrates conclusively that Congress did not (and does not) have the authority to &quot;prohibit&quot; interstate commerce in any article.  When Congress wanted to impose prohibition, it understood its limits under both the Commerce Clause and the &quot;general welfare&quot; clause.  It knew the former didn&#039;t allow it to prohibit interstate commerce in any article, and it knew that it couldn&#039;t appeal to the latter.  This is apparent, because Congress appealed to neither, and instead went the hard (and proper) route and amended the Constitution.  Obviously, Congress knows its own authority under the Constitution (at a minimum - it is constantly exceeding its boundaries as well).  If the Congress knew in the 1920s that the Commerce Clause didn&#039;t permit it to &quot;prohibit&quot; commerce in a particular class of goods, that&#039;s strong evidence that no such authority exists within the Constitution, making the &lt;i&gt;Wickard&lt;/i&gt; court plainly wrong.

It was all fun and games when the feds decided to make various narcotics illegal and prohibit interstate commerce in them.  But now we see the real danger inherent in allowing them such authority.  Is the cat out of the bag?  Not necessarily.  It wouldn&#039;t hurt to bring a well-reasoned and researched case to SCOTUS and overturn &lt;i&gt;Wickard&lt;/i&gt;.  We won&#039;t know if it is possible if we don&#039;t try.  And if we do try and it doesn&#039;t work, it will be just one more proof that the system is broken and something radical needs to be done to put it back together again.]]></description>
		<content:encoded><![CDATA[<p>Thanks for this article.  Very enlightening.</p>
<p>Seems to me that <i>Wickard</i> should be challenged:<br />
1. SCOTUS&#8217; redefining of &#8220;regulate&#8221; to mean &#8220;prohibit&#8221; is plainly illogical.  If you &#8220;prohibit&#8221; something, there&#8217;s nothing to &#8220;regulate&#8221; (make regular), so you can only do one, prohibit or regulate, not both.  (Imagine Congress prohibiting all interstate commerce.  Now there&#8217;s nothing left to regulate.  Once something is prohibited, it can no longer be regulated.)  Likewise, if &#8220;regulate&#8221; means &#8220;prohibit,&#8221; that would restrict the authority of Congress to the ability to prohibit different forms of commerce, and would strip Congress of the authority to do every other thing it does with respect to interstate commerce, including the authority to &#8220;make it regular&#8221; (especially if &#8220;regulate&#8221; is defined in such a manner to preclude the definition &#8220;make regular&#8221;).  This interpretation makes nonsense of the purpose of giving Congress exclusive subject matter/legislative jurisdiction over interstate commerce.<br />
2. History demonstrates conclusively that Congress did not (and does not) have the authority to &#8220;prohibit&#8221; interstate commerce in any article.  When Congress wanted to impose prohibition, it understood its limits under both the Commerce Clause and the &#8220;general welfare&#8221; clause.  It knew the former didn&#8217;t allow it to prohibit interstate commerce in any article, and it knew that it couldn&#8217;t appeal to the latter.  This is apparent, because Congress appealed to neither, and instead went the hard (and proper) route and amended the Constitution.  Obviously, Congress knows its own authority under the Constitution (at a minimum &#8211; it is constantly exceeding its boundaries as well).  If the Congress knew in the 1920s that the Commerce Clause didn&#8217;t permit it to &#8220;prohibit&#8221; commerce in a particular class of goods, that&#8217;s strong evidence that no such authority exists within the Constitution, making the <i>Wickard</i> court plainly wrong.</p>
<p>It was all fun and games when the feds decided to make various narcotics illegal and prohibit interstate commerce in them.  But now we see the real danger inherent in allowing them such authority.  Is the cat out of the bag?  Not necessarily.  It wouldn&#8217;t hurt to bring a well-reasoned and researched case to SCOTUS and overturn <i>Wickard</i>.  We won&#8217;t know if it is possible if we don&#8217;t try.  And if we do try and it doesn&#8217;t work, it will be just one more proof that the system is broken and something radical needs to be done to put it back together again.</p>
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		<title>By: Buck</title>
		<link>http://www.ammoland.com/2013/02/what-the-constitutions-supremacy-clause-really-means/#comment-85436</link>
		<dc:creator>Buck</dc:creator>
		<pubDate>Tue, 26 Feb 2013 20:45:28 +0000</pubDate>
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		<description><![CDATA[Good luck with that , unless &quot; We the PEOPLE &quot; are prepared to see a lot of blood spilled it isn&#039;t going to happen . Washington DC will NEVER give up any of it&#039;s power without FORCE .]]></description>
		<content:encoded><![CDATA[<p>Good luck with that , unless &#8221; We the PEOPLE &#8221; are prepared to see a lot of blood spilled it isn&#8217;t going to happen . Washington DC will NEVER give up any of it&#8217;s power without FORCE .</p>
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		<title>By: Ed G.</title>
		<link>http://www.ammoland.com/2013/02/what-the-constitutions-supremacy-clause-really-means/#comment-85404</link>
		<dc:creator>Ed G.</dc:creator>
		<pubDate>Tue, 26 Feb 2013 17:54:25 +0000</pubDate>
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		<description><![CDATA[They are subversively planning to do just that. They are disarming us in stages, like the frog in the pot of cold water. Adding to this is the growing number of mindless liberal imbeciles who think that is all going to help them. They have already demonstrated they can out vote us - showing the real problem is them - not the governing traitors and criminals.]]></description>
		<content:encoded><![CDATA[<p>They are subversively planning to do just that. They are disarming us in stages, like the frog in the pot of cold water. Adding to this is the growing number of mindless liberal imbeciles who think that is all going to help them. They have already demonstrated they can out vote us &#8211; showing the real problem is them &#8211; not the governing traitors and criminals.</p>
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		<title>By: Mike Clark</title>
		<link>http://www.ammoland.com/2013/02/what-the-constitutions-supremacy-clause-really-means/#comment-85383</link>
		<dc:creator>Mike Clark</dc:creator>
		<pubDate>Tue, 26 Feb 2013 16:11:13 +0000</pubDate>
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		<description><![CDATA[What you have to take into consideration is that the people in Washington get their power from the people, Question arises like at the Capitol Hill Rallys that the states had on Gun Rights of the 2nd Amendment. The people have the power to rule on what the Feds do just by numbers, for example in polling all states that had these rallys we could in less than 24 hours have 3 plus million in Washington Dc to clean out that city. There is no army in the world that could stop us . We only have 600,000 military presently and have been told that they would not fight against their own citizens. Obama &amp; the Congress know that there are over 280 million people armed and ready to go , it is not very likely they would even think of threaten us at all .]]></description>
		<content:encoded><![CDATA[<p>What you have to take into consideration is that the people in Washington get their power from the people, Question arises like at the Capitol Hill Rallys that the states had on Gun Rights of the 2nd Amendment. The people have the power to rule on what the Feds do just by numbers, for example in polling all states that had these rallys we could in less than 24 hours have 3 plus million in Washington Dc to clean out that city. There is no army in the world that could stop us . We only have 600,000 military presently and have been told that they would not fight against their own citizens. Obama &amp; the Congress know that there are over 280 million people armed and ready to go , it is not very likely they would even think of threaten us at all .</p>
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