Gary Marbut: Gun Rights and the Commerce Clause

Gary Marbut, president of the Montana Sport Shooting Association, discusses gun rights and activism in Montana, the Firearms Freedom Act and the various states where this is being passed or considered, the Commerce Clause of the US Constitution, litigation in federal court, the Raich case on medical marijuana, Real ID, and the judicial branch’s disdain for the 10th Amendment.

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Firearms Freedom Act Introduced in Minnesota

“For far too long elected officials and unelected bureaucrats at the federal level have passively forgotten or actively neglected the Tenth Amendment that guarantees rights not enumerated in the Constitution be left to the individual states,” said Rep. Emmer. “The willful disregard of the Tenth Amendment in relation to a citizen’s right to bear arms isn’t the only constitutional infringement that we should be worried about, but it is one that has been singled out by the new administration.”

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Trampling the Constitutional Role of Regulation

Prior to 1937, Congress’s role in the regulation of commerce was quite simply defined as the “movement of goods” between states, and put most production and manufacturing outside of the regulatory power of Congress. This definition has essentially been abandoned ever since the Supreme Court, in 1937, upheld an act allowing Congress to regulate many aspects of labor through the National Labor Relations Board.

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