Commerce Clause Abuse
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Thread: Commerce Clause Abuse

  1. #1

    Commerce Clause Abuse


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  3. #2
    Join Date
    Sep 2007
    Location
    No Longer Inside the Beltway
    Posts
    22

    Not just guns

    TECHNICALLY, since newspapers and magazines move in Interstate Commerce, the feds COULD try to stretch this to give them similar [unconstitutional] control over the Press.
    The Eggman, DmAt, MSI
    GSSF, GOA, NRA, VCDL, VSSF, AFIO
    www.the-eggman.com
    "If you can't be free, at least be irritating."

  4. #3
    Join Date
    Mar 2009
    Location
    Indiana
    Posts
    993
    I would love to start a business, but I couldn't stomach dealing with federal regulation. So, I've thought, what if I started a business that only used Indiana resources and only sold to Indiana residents?

    If people from other states wanted my products, they could always buy them second-hand after my right of first sale has lapsed, OR! I could enter into informational cooperatives with business people in other states to produce a set of similar products under similar agreements nationwide, but the products sold in Oklahoma would be made in Oklahoma from Oklahoma-derived resources by Oklahoma workers, sold to Oklahomans, and serviced in Oklahoma. Products sold in Michigan would be made in Michigan from Michigan derived resources by Michigan workers, sold to Michiganders, and serviced in Michigan.

    There's actually a precedent for this. Southwest Airlines. SWA started as a purely Texas-only airline, one of the few places in the USA where you could operate an airline without crossing a state border. The founders of SWA started it to get around abiding by a whole host of noxious FAA regulations.

    Since SWA didn't have to obey FAA regs, it could fly more efficiently, for cheaper, and so it was eating the other airlines' lunches on intra-Texas fares, and so airlines that flew in Texas petitioned for relief from those FAA regs as well and (real) change was had. After a while, SWA started flying across the entire American Southwest, since its way of running an airline had become common, it didn't have to make any great change itself.
    When they "Nudge. Shove. Shoot.",
    Don't retreat. Just reload.

  5. Quote Originally Posted by CathyInBlue View Post
    I would love to start a business, but I couldn't stomach dealing with federal regulation. So, I've thought, what if I started a business that only used Indiana resources and only sold to Indiana residents?

    If people from other states wanted my products, they could always buy them second-hand after my right of first sale has lapsed, OR! I could enter into informational cooperatives with business people in other states to produce a set of similar products under similar agreements nationwide, but the products sold in Oklahoma would be made in Oklahoma from Oklahoma-derived resources by Oklahoma workers, sold to Oklahomans, and serviced in Oklahoma. Products sold in Michigan would be made in Michigan from Michigan derived resources by Michigan workers, sold to Michiganders, and serviced in Michigan.

    There's actually a precedent for this. Southwest Airlines. SWA started as a purely Texas-only airline, one of the few places in the USA where you could operate an airline without crossing a state border. The founders of SWA started it to get around abiding by a whole host of noxious FAA regulations.

    Since SWA didn't have to obey FAA regs, it could fly more efficiently, for cheaper, and so it was eating the other airlines' lunches on intra-Texas fares, and so airlines that flew in Texas petitioned for relief from those FAA regs as well and (real) change was had. After a while, SWA started flying across the entire American Southwest, since its way of running an airline had become common, it didn't have to make any great change itself.
    By starting up an LLC and if you keep it small (no employees), all the income or loss flows directly through you as an individual. The LLC does give you protection from you personally being attacked by suit from your company. The only real federal regs are to file for an ein if your state requires it. Very little involvement.

    The only way to work the system is from the inside. Even if you work a small company on the side can save you a lot of taxes. You can have your company pay for your portion of your health insurance, lease you a car etc. all are legit expenses.

    I have done it for years and sell the business when it starts producing a profit. I also did just the opposite, never sold instate and only online then Inever had sales or privilege taxes to deal with

    I am not a professional and you should talk with one before taking any actions .......(disclaimer)

  6. #5
    Slick-Willie's and Congress's Gun Free School Zones Act 1995: (to further abuse the Commerce Clause by Legislative, Executive, and Judicial Branch's of the Government)

    REPORT OF PROPOSED LEGISLATION ENTITLED `THE GUN-FREE SCHOOL ZONES AMENDMENTS ACT OF 1995'--MESSAGE FROM THE PRESIDENT--PM 47 (Senate - May 10, 1995)

    [Page: S6459]
    The PRESIDING OFFICER laid before the Senate the following message from the President of the United States, together with an accompanying report; which was referred to the Committee on the Judiciary.

    To the Congress of the United States:

    Today I am transmitting for your immediate consideration and passage the `Gun-Free School Zones Amendments Act of 1995.' This Act will provide the jurisdictional element for the Gun-Free School Zones Act of 1990 required by the Supreme Court's recent decision in United States v. Lopez.
    In a 5-4 decision, the Court in Lopez held that the Congress had exceeded its authority under the Commerce Clause by enacting the Gun-Free School Zones Act of 1990, codified at 18 U.S.C. 922(q). The Court found that this Act did not contain the jurisdictional element that would ensure that the firearms possession in question has the requisite nexus with interstate commerce.
    In the wake of that decision, I directed Attorney General Janey Reno to present to me an analysis of Lopez and to recommend a legislative solution (Constitutional Infringement) to the problem identified by that decision. (That Congress Abused Its Power Granted By The Constitution) Her legislative recommendation is presented in this proposal.
    The legislative proposal would amend the Gun-Free School Zones Act by adding the requirement that the Government prove that the firearm has `moved in or the possession of such firearm otherwise affects interstate or foreign commerce.'
    The addition of this jurisdictional element would limit the Act's `reach to a discrete set of firearm possessions that additionally have an explicit connection with or effect on interstate commerce,' as the Court stated in Lopez, and thereby bring it within the Congress' Commerce Clause authority.
    The Attorney General reported to me that this proposal would have little, if any, impact on the ability of prosecutors to charge this offense, for the vast majority of firearms have `moved in * * * commerce' before reaching their eventual possessor.
    Furthermore, by also including the possibility of proving the offense by showing that the possession of the firearm `otherwise affects interstate or foreign commerce,' this proposal would leave open the possibility of showing, under the facts of a particular case, that although the firearm itself may not have `moved in * * * interstate or foreign commerce,' its possession nonetheless has a sufficient nexus to commerce.
    The Attorney General has advised that this proposal does not require the Government to prove that a defendant had knowledge that the firearm `has moved in or the possession of such firearm otherwise affects interstate or foreign commerce.' The defendant must know only that he or she possesses the firearm.
    I am committed to doing everything in my power to make schools places where young people can be secure, where they can learn, and where parents can be confident that discipline is enforced.
    I pledge that the Administration will do our part to help make our schools safe and the neighborhoods around them safe. We are prepared to work immediately with the Congress to enact this legislation. I urge the prompt and favorable consideration of this legislative proposal by the Congress.
    William J. Clinton.
    The White House, May 10, 1995.

    mmm, where have all the biggest mass murders in U.S. history occurred since 1995? - GUN FREE ZONES!






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