Kevin_Kennedy
Defend Liberty
- Aug 27, 2008
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- #21
Well considering the Constitution does not give the federal government the power to regulate intrastate commerce or guns any law that attempts to do so is not in pursuance of the Constitution. Historically the states had a right to nullify unconstitutional federal laws which is what the Montana Firearms Freedom Act essentially did.
When was this? Pre 14th Amendment?
As for intrastate commerce, that is a valid argument, but it is weak in the face of a Supremacy Clause that is as old as the document itself.
As I said before, the Supremacy Clause only makes laws that the Constitution gives the federal government the authority to enforce supreme over state law.