by Shane Trejo, TenthAmendmentCenter.com:
After the recent Firearms Freedom Act ruling, there will be no firearms freedom in America, at least if the the 9th U.S. Circuit Court of Appeals has anything to say about it. It agreed with a lower court’s decision that if a gun is made in state, sold in state, that the federal power to regulate interstate commerce applies.
Sadly, this is consistent with previous court rulings even though it’s not consistent with the original, legal meaning of “interstate commerce” under the constitution.
A moderate law was passed in Montana that would prevent guns produced in the state from being subject to federal regulations under the “interstate commerce clause” of the Constitution. However, these type of common sense measures are not allowed by our federal overlords.
In practice, this means that no peaceful commerce is safe from the hands of these federal interlopers. The same courts have approved abuses such as the feds sticking guns in the faces of organic farmers to put them out of business at the behest of the Monsanto-run FDA, forcing farmers at gunpoint to kill their livestock due to an arbitrary ban on certain wildlife and a guitar-making business being fined and raided for putting ‘illegal wood’ into their guitars.
This isn’t “regulating” interstate commerce; this is prohibiting it. This is exactly the opposite of what the Founding Fathers intended when they wrote the Constitution. James Madison summed up the purpose of interstate commerce regulation.
“I always foresaw difficulties might be started in relation to the interstate commerce power. Being in the same terms with the power over foreign commerce, the same extent, if taken literally, would belong to it. Yet it is very certain it grew out of the abuse of the power of the importing states in taxing the non-importing, and was intended as a negative and preventative provision against injustice amongst the states themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged. And it will be safer to leave the power with this key to it, than to extend it all the qualities and incidental means belonging to the power over foreign commerce.”
The basis of this absurd notion of interstate commerce comes from the Wickard vs. Filburn ruling of 1942. The Supreme Court decided that a farmer was not able to keep wheat grown by himself for his own consumption, because his hoarding of wheat could potentially have an impact on the sales within the wheat market if other farmers were to follow his lead to self-reliance. Because judges are apparently unable to think for themselves, they mindlessly uphold this ridiculous ruling time and again, and then cower behind it as precedent.
Pathetically, this absurd justification for federal control is par for the course with the Supreme Court. It has been the supreme rubber-stamp of unlawful federal power, the supreme destroyer of the liberty of Americans, and a supreme disgrace that has tarnished this nation for hundreds of years.
The founding fathers, of course, would never have ratified the Constitution if they knew that their words would be so completely twisted and distorted. James Madison, and other Federalists, would no doubt be apologizing profusely to George Mason and other Anti-Federalists if they were still around to see the shoddy state of the Republic.
The nullification-denying power worshipers will, of course, point to this Montana ruling as an ultimate victory of tyranny over freedom. They will say that this is proof positive that the federal government can force its agenda upon us, and there is nothing we can do about it. They couldn’t possibly be more incorrect.
The truth is that the courts become completely irrelevant when enough people make their voices heard.
Just look at what has happened with marijuana. The courts consistently ruled that the federal thugs were within their legal right to deny people their life-saving medicine and to throw the non-violent caregivers of this life-saving medicine into prison. According to the federal supremacists out there, this should have been the end of the matter. Since the feds are so supreme, everyone should have just been forced to fall in line with their inhumane edicts.
However, the people refused to fall in line.
They kept disobeying and resisting, much to the chagrin of the knuckle-dragging federal supremacists out there. hile it was OK with the robed cretins for dying cancer patients to be denied of their medicine because of supposed federal supremacy, it wasn’t OK with the American people.
Unlike these corrupt courts, the American people are kind and decent folks. They continued their stand for medical freedom against the opinion of the courts and the dictates of the feds. The boot-lickers told them the familiar nonsense that we’re used to hearing. They said resistance was futile. They said the courts had spoken. They said the people had no power. But as more states got on board with telling the feds to shove it, the tyrants were eventually forced to back off.
There is no reason why gun rights activists can’t have this kind of courage, too.
While the robed goons may think they can keep us from defending our freedom, we can show them that their opinion means nothing simply by resisting.
The blueprint for Second Amendment resistance is being created right now before our very eyes by free Americans. Communities everywhere are taking a stand by passing ordinances and resolutions against unconstitutional gun control. Strong bills defending gun rights are being introduced and passed across the country. When state legislators refuse to uphold their oath to the Constitution, they are kicked out of office in disgrace.
The seeds of liberty have been planted, and they are now starting to germinate.
The judges, sitting on their perches of power, arrogantly think they can dictate to the American people that they will be tread upon. But with recent victories in freedom through state resistance of unconstitutional federal acts, the American people are becoming wise to the ineffectiveness of the courts.
They know that if they stand up, exercise their rights, and show these judges that their power is null and void, they will win. As we stand up for our rights, the courts will be put in their place. Their cheerleading for federal power will mean absolutely nothing when the sleeping giant is fully awakened! We just need to re-double our efforts and refuse to be discouraged by judicial chicanery.
The power is in our hands, and we just need to have the courage to use it.
Categories: 2nd Amendment