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'Through the Commerce Clause': Beto
O'Rourke insists his gun confiscation
plan is 'constitutionally sound'

Original Article

Posted By: ladydawgfan, 9/15/2019 4:14:27 PM

Presidential candidate Beto O'Rourke defended his plan to confiscate AR-15s and AK-47s and said it would not run counter to the Second Amendment to the Constitution. “This is something that we’re able to do through the Commerce Clause and this is something that is not prevented from — wouldn’t prevent the United States from doing by the Second Amendment. So this is constitutionally sound," O'Rourke told NBC's Meet the Press. "This is absolutely necessary if we care about the lives of our fellow Americans."

Comments:

Constitutional genius Captain Skateboard thinks that the Commerce Clause overrides the Second Amendment. Watta MORON!!

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Reply 1 - Posted by: bobn.t 9/15/2019 4:20:34 PM (No. 180714)
When the attempted confiscation begins, who is going to be the first confiscator to die when an individual defends his 2nd amendment right.
28 people like this.

Reply 2 - Posted by: Rumblehog 9/15/2019 4:28:39 PM (No. 180717)
I can't wait for some future Democrat "regime" to try this stunt. They can pass all the laws and sign all the executive orders they want, but there's no police officer or national guard soldier who would take on that fool's errand. Liberalism became a very dark cult when they decided to bring about the Garden of Eden... at any cost! When was the last time you heard a Democrat mention the "F" word... not that one, but "Freedom?" Democrats never mention "Life, liberty, or the pursuit of happiness either." Democrats have become the party of socialist tyranny.
22 people like this.

Reply 3 - Posted by: DVC 9/15/2019 4:38:44 PM (No. 180727)
Capt. Skateboard is an idiot, and his babblings about his interpretation of the Constitution are right up there with "Polly want a cracker!" from a different breed of bird brained parrot.
15 people like this.

Reply 4 - Posted by: HerbVA 9/15/2019 5:10:55 PM (No. 180745)
Must have learned this in the Law School he didn’t attend
11 people like this.

Reply 5 - Posted by: Vaquero45 9/15/2019 5:16:15 PM (No. 180747)
Just let this mental midget keep running his mouth. He already let the cat out of the bag concerning the intentions of every left-winger to confiscate every gun in America. The more he talks, the stupider he sounds - and more people will realize what the Democrat party is all about.
13 people like this.

Reply 6 - Posted by: HPmatt 9/15/2019 5:20:22 PM (No. 180749)
locked & loaded....really don' think Roberto w/b the one attempting re-impose the Boston 1774 Intolerable Acts...
7 people like this.

Reply 7 - Posted by: Socio 9/15/2019 5:34:12 PM (No. 180755)
I sure would love to hear his explanation of how the "Commerce Clause" would permit gun confiscation? Since the Commerce Clause is already heavily abused, contorted and twisted out of context by the Federal governmment for a plethora of other kinds of BS, who knows, it could be possible.
10 people like this.

Reply 8 - Posted by: LC Chihuahua 9/15/2019 6:07:48 PM (No. 180771)
The Commerce clause is a clause in Article 1, Section 8 of the U.S. Constitution empowers Congress to regulate interstate and foreign commerce. That sounds ambiguous enough that it can be twisted into practically anything. Ultimately it will boil down to whether or not people will tolerate that kind of interference in their lives by the federal government. O'Rourke is a fool. He is doing this to draw attention to his floundering campaign. Does he have a history of running his mouth like this with respect to gun control or is this new for him?
7 people like this.

Reply 9 - Posted by: MattMusson 9/15/2019 6:11:30 PM (No. 180774)
The Roberts Court ruled in the ObamaCare Case - There Are Limits to the Commerce Clause! That was the first case to EVER limit the Commerce Clause.
5 people like this.

Reply 10 - Posted by: Italiano 9/15/2019 6:12:47 PM (No. 180776)
Go for it, Beto. I wonder who his "legal advisor" is, the Wide Latina or Michelle Obama.
6 people like this.

Reply 11 - Posted by: PostAway 9/15/2019 6:20:56 PM (No. 180784)
Beto et al want to take those firearms for one reason: Although probably 90% or more of the populace hasn’t the foggiest notion what the Commerce Clause even means 100% of law-abiding gun owners know exactly what the second amendment means and it means what THEY as freeborn citizens say it means. It means THEY have the ultimate say in what happens to their families, homes and country. That is what these wannabe tyrants fear.
11 people like this.

Reply 12 - Posted by: udanja99 9/15/2019 6:33:13 PM (No. 180799)
What Briscoe Cain said.
3 people like this.

Reply 13 - Posted by: Pam 9/15/2019 6:56:49 PM (No. 180816)
When somebody says we'll confiscate the guns of gang members and criminals I might take notice.
4 people like this.

Reply 14 - Posted by: enemyofthestate 9/15/2019 6:56:53 PM (No. 180817)
Yessss....... that noted constitutional scholar Bobby Frank O'Rourke. Where does he teach law, I've forgotten?
2 people like this.

Reply 15 - Posted by: cor-vet 9/15/2019 7:03:02 PM (No. 180820)
We just had 8 years of a 'constitutional scholar' that didn't know what he was talking about, and now all democrats are constitutional scholars! Tell O'Dork to lead the confiscation effort, it'll be his funeral!
7 people like this.

Reply 16 - Posted by: slsusnr 9/15/2019 7:17:04 PM (No. 180829)
Poster 1: He may or may not have actually said it, but Admiral Yamamoto, the architect of the Pearl Harbor attack, is said to have observed that to invade the United States would be folly, because there "is a gun under every blade of grass." Trying to confiscate our guns would be the most gruesome undertaking imaginable. Let this fool make the first confiscation attempt in his home state, Texas.
3 people like this.

Reply 17 - Posted by: Chuzzles 9/15/2019 7:18:30 PM (No. 180831)
One thing I will say for Obama, he had much better advisers around him. It wasn't until after he got elected his true colors started coming out to play. Watching the Twitchy Captain Skateboard flail around like somebody put ants down his pants is hilarious.
2 people like this.

Reply 18 - Posted by: WI Cynic 9/15/2019 7:48:05 PM (No. 180839)
Keyboard Warrior Bozo O'Roarke will not *personally* come to get them, of course. As a bully and a coward, he'll order someone else to do it. On this issue, I'll use the communists' own words: I will resist.
1 person likes this.

Reply 19 - Posted by: EQKimball 9/15/2019 8:10:05 PM (No. 180846)
Under Const. Art. I, Sec. 8, Congress (not the President) has the power to regulate interstate commerce. An act passed by both houses of Congress and signed by the President regulating certain guns might be argued to have been within the jurisdiction of Congress, but jurisdiction does not address whether the act is in any other way constitutional. It may violate 14th Amendment due process, 5th Amendment just compensation, 2nd Amendment right to keep and bear arms, etc. In a word, O’Rourke needs better legal advice before throwing around constitutional concepts about which he is basically ignorant.
3 people like this.

Reply 20 - Posted by: bighambone 9/15/2019 8:29:10 PM (No. 180850)
The only way that Beto’s gun confiscation agenda is going to be found “constitutional” is if some future leftist or liberal Democrat President nominates Beto to the US Supreme Court, the US Senate confirms Beto to that court, and while sitting on that court Beto persuades four other justices to go along with him to find the Second Amendment to the Constitution “unconstitutional”, and declaring instead that Beto’s gun confiscation agenda is constitutional. Before that ruling would ever be enforced, there would be a full scale civil war in the USA and I would not bet against all the millions of gun owners throughout the USA winning any such conflict. None of that is going to happen as how can the Supreme Court find that a part of the US Constitution is “unconstitutional”?
2 people like this.

Reply 21 - Posted by: hershey 9/15/2019 9:11:44 PM (No. 180868)
Seems to me I read recently that there are more hunters in the United States than ALL the combined military in all the countries...and that's just hunters....
4 people like this.

Reply 22 - Posted by: clayusmcret 9/15/2019 10:06:03 PM (No. 180894)
People better be paying attention to the craziness coming out of the democrat candidates. This is the kind of end-run on the constitution that turns us into Australia or Canada while we're sitting back arguing that they can't pull it off.
3 people like this.

Reply 23 - Posted by: VirtuDawg 9/15/2019 10:10:20 PM (No. 180895)
Next, "Beto" will be coming for our skateboards. (s/o) Go back to El Paso, moron.
2 people like this.

Reply 24 - Posted by: SALady 9/16/2019 1:06:55 AM (No. 180948)
In a field of Demon-Rat candidates that keep trying to out-stupid and out-evil each other, Beto-the-faux-Mexican is definitely winning both contests!!!!!! But I have no doubt that the rest will do everything stupid and evil they can find to catch up!!!
0 people like this.

Reply 25 - Posted by: Geoman 9/16/2019 1:13:10 AM (No. 180951)
Quite simply, the 2nd amendment, amends the original articles of the Constitution, which is precisely what amendments do. While an act of Congress, signed into law by the president, might halt the production and sale of civilian semi-automatic ARs and AKs and/or 5.56x45mm and 7.62x39mm ammo but once you buy or otherwise legally possess such a firearm, the Commerce Clause does not give the federal government the right to seize it with or without compensation. They could come nearer to seizing your SUV, given that there is no specific amendment protecting the right to keep and drive SUVs like there is to keep and bear arms.
0 people like this.

Reply 26 - Posted by: chumley 9/16/2019 3:35:28 AM (No. 180977)
In the communist states where they already have red flag laws, it is usually the gun owner who gets killed by the cops. This may change if it gets to states where the population is not cowed into quiet servitude. I dont feel bad for the cops who will die enforcing this, but I do feel bad for their families.
0 people like this.

Reply 27 - Posted by: Strike3 9/16/2019 3:44:06 AM (No. 180979)
Beat-O forgets that the God-given right to defend oneself and his family overrides any law written by any politician in any country on this Earth. Take your laws and shove them, skateboard boy. As Brackobama, Hillary and the FBI have demonstrated to us, laws are only applied to the little people and therefore apply to nobody. A major confiscation effort will not find any law enforcement or military people willing to take on the task. Only somebody equivalent to Obama's brownshirt thugs would be that stupid.
1 person likes this.

Reply 28 - Posted by: DVC 9/16/2019 4:35:33 AM (No. 180988)
The Commerce Clause has been MASSIVELY abused, mostly by the Roosevelt communists/central planners. The most egregious case was the situation of farmer Filburn, who grew wheat to feed his own cows, and was slapped with a "commerce clause" violation for growing more wheat than the government permitted. From wikipedia: "An Ohio farmer, Roscoe Filburn, was growing wheat to feed animals on his own farm. The US government had established limits on wheat production, based on the acreage owned by a farmer, to stabilize wheat prices and supplies. Filburn grew more than was permitted and so was ordered to pay a penalty. In response, he said that because his wheat was not sold, it could not be regulated as commerce, let alone "interstate" commerce (described in the Constitution as "Commerce... among the several states"). The Supreme Court disagreed: "Whether the subject of the regulation in question was 'production', 'consumption', or 'marketing' is, therefore, not material for purposes of deciding the question of federal power before us.... But even if appellee's activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce and this irrespective of whether such effect is what might at some earlier time have been defined as 'direct' or 'indirect.'"[3] " So, the CC has been SEVERLY abused by overreaching, out of control, totalitarian SOBs in the past. That court decision is PURE Bull Manure, but legal bull manure, unfortunately not yet overturned. But, I am pretty sure that overriding one of the Bill of Rights is a "bridge too far" for even the much tortured CC.
1 person likes this.

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