Do We, As US Citizens, Have A Right

Is the Bill of Rights not incorporated?

Has the central government not claimed this authority through abuse of the commerce clause time after time?

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Leaving out part of that quote I see. What happened to the people part?

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Do regulatory agencies such as OSHA and EPA have nothing to say?

You gave it to them.

The commerce clause regulates businesses between states. I don’t think it comes into play in local in most small businesses.

As far as the Bill of Rights, It has been demonstrated throughout history that every right it lists is limited right at the point it interferes with someone else’s right. In cases of one person’s rights vs. someone else’s rights, we leave it to the courts to decide. Sometimes they decide wrong.

Yes, the Federal Government has assumed much power not specified in the constitution. Of course, the constitution and history aren’t taught much in our schools anymore, which coincidentally are controlled by the Federal Government… :thinking:

Montana rifles.

How am I violating someone else’s right here?

I was paraphrasing, not quoting. I don’t know, if for the OPs question it applies. I believe that the people could refer to the time before states were formed. How did people in pre state territories establish their rights?? Just my thoughts here…

They were talking about powers the states had already claimed prior to adoption, all else, belonged to the people.

Your OP listed several examples which I assumed were rhetorical. I don’t know enough about the Montana rifles case except what I googled. From a brief view, I see both sides have merit. It looks like the Federal regulation comes in play because there is no way to keep the guns manufactured in Montana from crossing state lines. Seems like a criminal enterprise could be made of doing that.

Please quote the section of the bill of rights allowing any business at any location.

Who were “the people”? If there is no distinction implied between the states and the people mentioned in the 10th amendment, then it is redundant. What is that distinction?

OSHA has regulations for businesses for safety – They only shut businesses down in extreme safety issues. Most times they just fine the companies for violations and order the problem to be fixed. EPA – I don’t think they have ever shut down a business (they may have – I’m just not aware that they have) otherwise like all other agencies can take to court and issue fines.

How does Montana Rifles guarantee that their product will never cross the montana state line?

The Montana rifles thing is an interesting case study. If any materials used in their manufacture cross state lines the Fed could use that to step in. Also, what kinds of purchase records are gonna be kept? I know the knee jerk answer is “Absolutely none!”, but that brings about another problem. Somebody from out of state is gonna offer a Montana citizen $5000 for a $2000 rifle. With no records of purchases that’s just easy money, baby. Eventually one of those guns will be found out of state and in come the Feds.

The highlighted, in my opinion, is a bastardization of the original intent of the commerce clause.

Commerce clause , provision of the U.S. Constitution (Article I, Section 8) that authorizes Congress “to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” The commerce clause has traditionally been interpreted both as a grant of positive authority to Congress and as an implied prohibition of state laws and regulations that interfere with or discriminate against interstate commerce (the so-called “dormant” commerce clause). In its positive interpretation the clause serves as the legal foundation of much of the government’s regulatory power.”

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What difference does either make? How does either affect anybody other than the buyer and seller.

Why was the commerce clause included in the Constitution? To control a Montana man from selling me a rifle to take to Texas?

Yeah, I don’t know if they actually could use that reasoning, but you know they would try.

That’s right. Between the states. Not between me and a man who happens to live in Montana.

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So your not a citizen of your state?

So… prior restraint is the excuse? Sounds like a weed legalization argument.