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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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Old 07-09-2018, 9:58 PM
CommieforniaResident CommieforniaResident is offline
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Default Kavanaugh Might See Hughes Amendment as Unconstitutional

Preface: I am not a lawyer and this could just be a crackpot theory with absolutely no congruence with what Kavanuagh meant.


The Federalist reports that Kavanaugh rejected the Taxing Clause argument that justified Obamacare.

Quote:
'The Taxing Clause...has not traditionally authorized a legal prohibition or mandate,' which Obamacare plainly contained...Kavanaugh’s dismissal of the Taxing Clause argument is a roadmap to the conclusion reached by the dissenters—that the individual mandate is unconstitutional under the Taxing Clause.
The NFA, which governs the manufacture, purchase and transfer of machine guns, derives its authority from the tax clause. The Hughes Amendment prohibits the government from approving the tax payments of ordinary citizens for the manufacture, purchase and transfer of post-1986 machine guns. It appears that the Hughes Amendment acts through the taxation power of Congress. Yet Kavanaugh (and the the SCOTUS Obamacare dissenters) suggests that he views that the Taxing Clause does not authorize legal prohibitions or mandates.

Even if I'm right however, it won't make much difference as long as Roberts is on the Court (and as long as they keep refusing to give cert. to gun rights cases) since he upheld the tax clause argument with the Court's four liberals.

Oh well. We can dream.
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Old 07-09-2018, 10:15 PM
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Librarian Librarian is offline
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Not CA.

See the thread in National -= http://www.calguns.net/calgunforum/s...6#post21861856
__________________
No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.


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