First, this is exactly an interstate commerce issue, as the company is based in San Fran.

Second, there is a right to travel freely among the states, but the mode of transportation is not a right.

Third, I must have missed where the Feds are involved, as many have stated that the Feds should not have become involved, as if they have.  Where was that noted?

I don't think this case is a state's right issue, as it interferes with interstate commerce.

Gee, look what George Wallace did under the banner of "state's rights".  I suppose that Kali and it's gun laws that are in violation of the Second Amendment is a state's rights issue too, huh.

No, its a police power issue.  Interstate commerce is involved only incidentally and not in a Constitutionally significant manner.



I suspect that the Supreme Court would disagree where you're talking about the standard mode of transportation.



The obvious attack on the Texas law would be that the Texas law is unconstitutional under the Supreme Court's Lawrence v. Texas (gay sex) opinion and/or the Supreme Court's "privacy" jurisprudence generally.



Looks like someone doesn't understand the commerce clause.

I'll give you a hint:  It ain't me.  

First, the commerce clause gives the Feds the right to regulate interstate commerce.  It doesn't give a California dildo manufacturer a COnstitutional right to engage in interstate commerce.

The so-called "dormant commerce clause" also prevents the states from using that regularory power.  But the commerce clause doesn't prevent a state from exercising its police powers within its own borders.  As long as Texas doesn't try to prevent the Kali dildo vendor from doing business in other states or treat its own TExas dildos more favorably than Kali dildos, there's not going to be a dormant commerce clause violation.



The answer is "maybe."  Whether the Second Amendment applies to the states is an open question.  Prior to the enactment of the 14th Amendment, it pretty clearly did not.  The First Amendment didn't either.

Some years after the 14th Amendment was adopted, the Supreme Court invented the "incorporation doctrine," which holds that due process clause of the 14th Amendment incorporates some, but not all, of the first 10 amendments and makes them applicable to the states.  For instance, the First Amendment now applies to the states, but the 7th Amendment right to a jury trial in civil cases involving more than $20 does not.

After the passage of the 14th Amendment, but before the Supreme Court's discovery/invention of the incorporation doctrine, the Court reiterated its prior position that the Second Amendment doesn't apply to the states.  The Supreme Curt has not revisited the issue since.

So, unless the Supreme Court decides that the Second Amendment applies to the states, then yes, Kali's stupid gun laws are a "states rights" issue.

These asshats??

The Cleburne Police Department is commanded by Chief Terry D. Powell.  We have the largest work force in the City of Cleburne, consisting of 47 commissioned officers and 16 non-civil service personnel.  The Police Department is divided into two Divisions; Patrol Criminal Investigations.  
mailto:[email protected]

817.645.0972

http://www.ci.cleburne.tx.us/police/index.htm

>>city manager  [email protected]

and prolly mayor@....

What a great sting operation!

"SLOWLY TURN OFF THE VIBRATOR AND PLACE ON THE FLOOR. LAY FACE DOWN WITH YOUR LEGS SPREAD WIDE."

Whoever busted her shoulad have a few of her products shoved up his ass and go get a life. This is a sure sign that Department has too many people working for them when they go looking for "crimes" like this. What a bunch of bullshit.

And Eric, I think you are right. These laws need to be repealed, not just simply skirted around by "novelty only"