Re: Latest Supreme Court Ruling: US v. Lopez

From: Technotranscendence (
Date: Mon May 22 2000 - 17:47:02 MDT

On Monday, May 22, 2000 12:56 PM Michael S. Lorrey wrote:
> This past monday, in case it wasn't in your local paper (and considering
> way they lean usually, it probably wasn't), the Supreme Court ruled in
favor of
> the defendant, Lopez, in deciding that the Gun-Free School Zones Act is
> unconstitutional in its overly broad claim under the Commerce Clause. They
> that a person carrying a weapon on school grounds or within 1000 feet of
> grounds does not fit the definition of engaging in interstate commerce.
> this ruling, we have one more nail in the coffin of gun control.

Don't uncork the champaigne too soon. The general mood, as exhibited by
polls, is still in favor of more gun control. And that particular law was
heinously stupid. Why does crime X -- whether you agree X should be a crime
or not -- suddenly become so much worse because it takes place near a
school? Imagine if all laws were like that. You get caught driving with an
overdue inspection sticker and you get a higher fine because you're within
1K feet of a school. Your dog barks at two a.m. and the judge increases the
punishment because a high school is nearby.

I gather such laws arose either to overcome local opposition to the law or
to make it look like politicians are being tough on crime. I wonder if
anyone has assessed their impact.

> The fact this
> came so soon after the Million Mutha March (oops, make that the 100,000
> march) indicates that the conservative block of Rhenquist, O'Connor,
> Scalia, and Thomas that steadily maintains the fundamental principle that
> law enacted by Congress must be based on one or more of its powers
enumerated by
> the Constitution", will likely continue on this track when and if it hears
US v.
> Emerson next year,

I would not praise them too highly. In several recent decisions, they
expanded police powers.

> Assuming Bush gets elected, I forsee US. v. Emerson passing the Court with
> devastating victory for gun owner rights and the 2nd Amendment.

Assuming he gets elected... But the problem is, a Conservative Court is no
friend to freedom in general. Surely, we might -- ah, might! -- get some
gun control removed, but in other areas, such as police power, we might have
more freedoms curtailed.

All power to the Libertariat!

Daniel Ust

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