turtledude
Minnow Control Specialist
where does the FEDERAL government get the power to impose background check requirements on private citizens who cannot engage in INTER-state commerceBackground checks with regard to firearms sales are perfectly Constitutional. In Heller the Supreme Court admonished the lower courts to not infer that their decision in any way undermined the constitutionality of laws prohibiting felons or the mentally ill from possessing firearms, and the only way to determine is someone is a prohibited person is via a background check.
As for the wisdom or efficacy of universal background checks, those are elements of a law not subject to judicial review. As U.S. District Chief Judge Marcia Krieger correctly observed in her ruling concerning the constitutionality of Colorado's measure limiting magazine capacity:
“Judicial review of laws for constitutional compliance focuses on only a small sliver of the issues that the legislature considers. A court does not act as a super-legislature to determine the wisdom or workability of legislation. Instead, it determines only whether legislation is constitutionally permissible. A law may be constitutional, but nevertheless foolish, ineffective, or cumbersome to enforce.”
http://extras.mnginteractive.com/li..._032508_062614-Krieger-Opinion-Outfitters.pdf
That a law is bad or ineffective does not make it un-Constitutional.
remind me again where you got you law degree