Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.7
Site Design by Sekimori

« BATF budget | Main | Illinois »

Supreme Court to hear case on mandatory minimum sentence

Posted by David Hardy · 9 September 2010 09:32 AM

Abbott v. US is set for argument on October 4. Here are the briefs, which include some interesting amici.

· Gun Control Act of 68

2 Comments | Leave a comment

fwb | September 9, 2010 11:49 AM | Reply

Once more: The feds have very limited punishment powers. There are no inherent or implied punishment powers.

If there were implied or inherent punishment powers, why did the Framers find it necessary to explicitly grant Congress the power to punish 1) counterfeiting of the current coin and securities, 2) piracies and felonies on the high seas, 3) offenses against the law of nations, and 4) treason. Each of these is an actual grant in the Constitution. If inherent or implied powers exist, then the process of debating these grants and their subsequent inclusion in the Constitution were simply a waste of time and energy by the Framers, and provide evidence that the Framers had no idea what they were doing. Heck, the government can do whatever it wants or claims or what have you so long as someone (usually the judges, who BTW are on the government payroll) says they can. But then 99% of the court decisions in the US are contrary to what should be the simple and common understanding of the contract known as the Constitution of the United States.

Thus the feds cannot constitutionally punish for anything outside the 4 listed points above. The separation of the punishment portion of all powers is explicitly demonstrated by the inclusion of specific punishment powers in the Constitution. Everyone punished by the fed outside the authorized areas has been punished illegally by the government. The feds can make the laws but the States must carry out the punishments since the the vast majority of police power was left to the States.

Kharn | September 10, 2010 5:24 AM | Reply

Commerce clause, see Wickard, Lopez, Morrison, Raich, etc.

Leave a comment