THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Sunday, May 14, 1995 TAG: 9505110021
SECTION: COMMENTARY PAGE: J4 EDITION: FINAL
TYPE: Editorial
LENGTH: Short : 43 lines
For the first time since the 1930s, the Supreme Court has restricted the habitual meddling in state affairs that Congress indulges in under the guise of regulating interstate commerce.
In this case, Congress passed a law banning guns within 1,000 feet of schools nationwide. In a dissent joined by three other justices, Stephen Breyer trotted out the kind of tortured logic by which Congress has justified endless intrusions on the power of states and rights of individuals.
He said education is important to the commercial success of the nation. Because guns near schools can disrupt education, they constitute a threat to commerce. Therefore, Congress can regulate guns near schools as part of its power to regulate interstate commerce.
That's clearly absurd special pleading intended to let the federal government do what it wants. It's the sort of thing that has worked for decades and has made a dead letter of the 10th Amendment. That neglected part of the Bill of Rights says all powers not specifically given by the Constitution to the federal government are reserved to the states or to individual citizens.
For once, however, the court's majority refused to go along. Quite plausibly, five justices said that the guns near schools that were the crux of the case weren't traveling interstate and had nothing to do with commerce. Therefore, Congress had no business trying to regulate them.
It's often been said that the Supreme Court may pretend to be above the fray, but that its members read the election returns just like everyone else. This decision suggests the court caught the drift of last November.
It's about time some of the more farfetched interpretations that have permitted power to flow from the states and the citizens to the federal government were questioned. If the Ccurt has begun to do just that, there's hope the 10th Amendment will someday reacquire the force the framers intended. by CNB