Home | Community | Message Board
You are not signed in.
Sign In New Account
Forum Index Search Posts Trusted Vendors Highlights Galleries FAQ User List Chat Store Random Growery

PlanetSpores.ca
This site includes paid links. Please support our sponsors.

General Interest > Political Discussion
Threaded Mode Threaded  Previous topic Previous  View all topics Index  Next topic Next 

Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Jump to first unread post Pages: 1
Alito Dissenting Opinion U.S. v Rybar (Machine Gun Ownership)
    #4874831 -

http://www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/us_v_rybar.txt

: Quote:
Moreover, the statute challenged here would satisfy the demands of the Commerce Clause if Congress simply added a jurisdictional element--a common feature of federal laws in this field and one that has not posed any noticeable problems for federal law enforcement. In addition, as I explain below, 18 U.S.C. section 922(o) might be sustainable in its current form if Congress made findings that the purely intrastate possession of machine guns has a substantial effect on interstate commerce or if Congress or the Executive assembled empirical evidence documenting such a
link. If, as the government and the majority baldly insist, the purely intrastate possession of machine guns has such an effect, these steps are not too much to demand to protect our system of constitutional federalism. . .

(T)he majority argues in effect that the private, purely intrastate possession of machine guns has a substantial effect on the interstate machine gun market.

This theory, if accepted, would go far toward converting Congress's authority to regulate interstate commerce into "a plenary police power." Lopez, --- U.S. at ----, 115 S.Ct. at 1633. If there is any sort of interstate market for a commodity--and I think that it is safe to assume that there is some sort of interstate market for practically everything--then the purely intrastate possession of that item will have an effect on that market, and outlawing private possession of the item will presumably have a substantial effect. Consequently, the majority's theory leads to the conclusion that Congress may ban the purely intrastate possession of just about anything.




SNIP - ALITO DISSENTING OPINION

Maj. Op. at ----. In other words, the majority argues in effect that the private, purely intrastate possession of machine guns has a substantial effect on the interstate machine gun market.

This theory, if accepted, would go far toward converting Congress's authority to regulate interstate commerce into "a plenary police power." Lopez, --- U.S. at ----, 115 S.Ct. at 1633. If there is any sort of interstate market for a commodity--and I think that it is safe to assume that there is some sort of interstate market for practically everything--then the purely intrastate possession of that item will have an effect on that market, and outlawing private possession of the item will presumably have a substantial effect. Consequently, the majority's theory leads to the conclusion that Congress may ban the purely intrastate possession of just about anything. But if Lopez means anything, it is that Congress's power under the Commerce Clause must have some limits. Cf. Charles Fried, Foreword: Revolutions?, 109 HARV.L.REV. 13, 36-37 (1995).


So what does that mean? he is pro state rights?

and could his ideas effect marijuana laws????


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama

Edited by lonestar2004 (10/31/05 01:43 PM)

Extras: Filter Print Post Top
Re: Alito Dissenting Opinion U.S. v Rybar (Machine Gun Ownership) [Re: lonestar2004]
    #4875345 -

So what does that mean? is he pro-state rights?

and could his ideas effect marijuana laws????


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama

Extras: Filter Print Post Top
Re: Alito Dissenting Opinion U.S. v Rybar (Machine Gun Ownership) [Re: lonestar2004]
    #4875426 -

Well it sounds like he is very libertarian. Perhaps too libertarian in regards to machine gun ownership, but if you apply what he said about interstate commerce it's almost the exact opposite of the medical marijuana ruling and the entire basis for the war on drugs. Anyway it will be a tough battle for him in the Senate.


--------------------
1. "After an hour I wasn't feeling anything so I decided to take another..."
2. "We were feeling pretty good so we decided to smoke a few bowls..."
3. "I had to be real quiet because my parents were asleep upstairs..."

Extras: Filter Print Post Top
Re: Alito Dissenting Opinion U.S. v Rybar (Machine Gun Ownership) [Re: Divided_Sky]
    #4875463 -

thank you DS.

my prediction is that he will get at least 65 votes.


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama

Extras: Filter Print Post Top
Re: Alito Dissenting Opinion U.S. v Rybar (Machine Gun Ownership) [Re: lonestar2004]
    #4875736 -

I'm getting wood


--------------------

Extras: Filter Print Post Top
Re: Alito Dissenting Opinion U.S. v Rybar (Machine Gun Ownership) [Re: Divided_Sky]
    #4875763 -

how did you reach that conclusion?

he made it sound like he was putting the onus of proving
the necessity of federal intervention on what is otherwise
private or state matters on the people pining for more
federal oversight.

I'm not sure if that would help or hinder the relevant state's
rights cases tied to decriminalized mj...but I'm just curious
to hear your interpretation.


--------------------
All I know is The Growery is a place where losers who get banned here go.

Extras: Filter Print Post Top
Re: Alito Dissenting Opinion U.S. v Rybar (Machine Gun Ownership) [Re: afoaf]
    #4875839 -

any interstate commerce experts on this board?


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama

Extras: Filter Print Post Top
Re: Alito Dissenting Opinion U.S. v Rybar (Machine Gun Ownership) [Re: afoaf]
    #4879569 -

afoaf said:
how did you reach that conclusion?

he made it sound like he was putting the onus of proving
the necessity of federal intervention on what is otherwise
private or state matters on the people pining for more
federal oversight.

I'm not sure if that would help or hinder the relevant state's
rights cases tied to decriminalized mj...but I'm just curious
to hear your interpretation.


Well I guess I read "Plenary police power" with a negative connotation. Also, his oppinion is in the dissent against giving Congress unlimited power to ban things. He states that according to the Lopez ruling Congress does not have the power to regulate anything under the sun.


Works for me.


--------------------
1. "After an hour I wasn't feeling anything so I decided to take another..."
2. "We were feeling pretty good so we decided to smoke a few bowls..."
3. "I had to be real quiet because my parents were asleep upstairs..."

Extras: Filter Print Post Top
Re: Alito Dissenting Opinion U.S. v Rybar (Machine Gun Ownership) [Re: Divided_Sky]
    #4879641 -

yeah...wikipedia's treatment makes his position much clearer.


--------------------
All I know is The Growery is a place where losers who get banned here go.

Extras: Filter Print Post Top
Jump to top Pages: 1

General Interest > Political Discussion
Threaded Mode Threaded  Previous topic Previous  View all topics Index  Next topic Next 

Similar ThreadsPosterViewsRepliesLast post
* You better go buy a machine gun!!!! 1stimer 303 1 09/09/04 11:35 AM
by Seuss
* gun control
( 1 2 3 4 ... 11 12 all )		 Anonymous 16,791 223 10/08/03 12:45 AM
by Rose
* Police fear they are losing control of gun-crazy Britain wingnutx 762 5 10/06/03 09:05 PM
by Baby_Hitler
* The False Promise of Gun Control
( 1 2 all )		 Anonymous 4,131 23 04/16/03 05:53 PM
by pattern
* article about gun policy Anonymous 632 3 09/29/03 08:30 AM
by Anonymous
* Saddams sons killed in "gun-battle"?
( 1 2 3 4 ... 12 13 all )		 Xlea321 14,495 243 07/27/03 03:14 PM
by shakta
* Thank god for gun ownership...
( 1 2 3 4 5 all )		 Xlea321 6,570 86 10/22/02 12:47 AM
by Boglyn
* GUNS
( 1 2 3 4 all )		 Anonymous 5,063 66 03/08/03 09:33 PM
by Anonymous

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: Enlil, ballsalsa
732 topic views. 1 members, 1 guests and 15 web crawlers are browsing this forum.
[ Show Images Only | Sort by Score | Print Topic ]
Search this thread:

Copyright 1997-2026 Mind Media. Some rights reserved.

Generated in 0.024 seconds spending 0.004 seconds on 14 queries.