Monday, November 07, 2005

Gun control nuts are making me angry

This piece is on a liberal blog regarding Alito's stance on gun control:


Community safety: Alito, dissenting in the case of United States v. Rybar, said that Congress does not have the power under the Commerce Clause to restrict the transfer and possession of machine guns at gun shows. In response to Alito’s assertion that Congress must make findings or provide empirical evidence of a link between a regulation and its effect on interstate commerce, the majority said, nothing in Lopez (an earlier Supreme Court case) requires either Congress or the Executive to play Show and Tell with the federal courts at the peril of invalidation of a Congressional statute.

When will people and groups stop doing this? I feel like the Left is even worse about this than the reactionists on the right. The logic follows something like this. Commerce Clause > interstate commercial activity > Congress can regulate. Judge who applies the Commerce Clause = a radical with an agenda against whatever action Congress takes. (In this case, Judge Alito wants "machine" guns to be on the streets).

Truly awful analysis. So bad, in fact, that I am forced to break it out:
"The courts must declare the sense of the law; and if they should be disposed to exercise will instead of judgment, the consequence would be the substitution of their pleasure to that of the legislative body." -Federalist No. 78