Congressional over reaching 1990 Gun-Free School Zones Act might shoot Obamacare in the heart
By Kevin “Coach” Collins
When a San Antonio high school senior was arrested for bring a .38 handgun to school in 1992 a chain of events started that some legal scholars believe will end up shooting down Obamacare. The kid’s conduct violated a relatively new law making the possession of a gun in a school a federal crime over and above any state law.
The Gun-Free School Zones Act of 1990 and the Commerce Clause
For reasons not immediately clear the kid fought the law all the way up to the United States Supreme Court where his conviction on the federal charge was overturned by a 5 to 4 vote.
The Rehnquist Court narrowly held that the federal law had veered into unconstitutionality because it relied on the often cited Commerce Clause which the Court said did not apply because it can only legally regulate matters of interstate commerce and not the personal conduct of residents of the various states. Finding against the plaintiff, the Court reasoned, would have given Congress, “a general police power of the sort retained by the states,” Rehnquist wrote in his majority opinion.
In their lawsuits against Obamacare 13 state attorneys general have cited the 1992 San Antonio case overturned by the Supreme Court. They argue that health care does not meet the legal description of interstate commerce as declared by the majority.
One of the plaintiff AGs, Mike Cox from Michigan observed that, “In the past 15 years the Supreme Court has scaled back Congress when they’ve tried to inject themselves into purely state matters.”
Proving it does make a difference who we vote for because eventually electoral victories turn into solid decisions when the right people pick judges, this Rehnquist Court ruling reversed approximately 60 years of the Court rolling over and supporting anything the Congress wanted.
The Violence Against Women Act
Another Rehnquist Court decision, the 2000 US vs. Morrison overturned part of The Violence Against Women Act which it found rape victims had no grounds to sue attackers in federal courts. Added to the provisions of the Tenth Amendment which directs that any powers not specifically given to the federal government be reserved to the people and the states, these cases make it a good bet Obamacare will be overturned as unconstitutional for at least one and maybe two reasons.
To read more about this topic go to the sources listed below:
http://www.chron.com/disp/story.mpl/ap/tx/6943728.html
Remember there is no such thing as a pro life Democrat: there are only some Democrats that are better liars than others.
Have you converted a friend, co worker, or family member yesterday? What did you do to defend American freedoms yesterday? What will you do today and what do you plan to do tomorrow?
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Yesterday’s Rasmussen Presidential Index had Obama at-7
This day in history April 6
1866: The Grand Army of the Republic, an organization of Union Army veterans is founded. It lasted until 1956.
Have you read this week’s “Betcha didn’t know this..” page? It’s loaded with interesting ittle “bite size” items you’re bound to enjoy.
Comments on this or any other Collins Report essay can be sent to kcoachc “at” gmail.com