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February 26, 2009

Montana decides to take on the Interstate Commerce Clause (chad)

Using a Made in Montana stamp and the Heller decision some Montana legislators have decided to go after the interstate commerce clause in the U.S. Constitution. Their plan is to force a confrontation with the ATF and take the case to the Supreme Court.

Personally I don't think their plan has much of a chance. Despite some rollbacks in the Rehnquist years the Supremes have been pretty friendly to the commerce clause since the 1930's. So assuming this law gets past the Montana Supreme Court, which is more liberal than most people realize, it will probably be struck down by the 9 wise guys in DC.
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posted by xgenghisx at 11:43 PM

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