Talk:United States v. Stewart

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[edit] Recent edit

Wodan added the following to the Article: "[Congress can criminalize possession of homemade machine guns]...under the commerce clause even though none of their components were ever, or will ever will be [sic] transferred, sold, or involved in any sort of commerce transaction."

The problem here is the "will ever be." This is something we can't know; to prove that Stewart never would have transferred or sold the guns, had he not been arrested and his guns seized, is an impossible counterfactual. It should therefore be left out. The sentence also needs to be revised so that its errors of grammar and usage can be eliminated. Finally, the sentence's tone has a pretty POV flavor ("were ever, or will ever" and "any sort of" sound like as if they come from a brief, not an encylopedia article). I'm going to make changes to correct these problems. Hydriotaphia 18:25, 6 January 2006 (UTC)

One last thing. The phrase about their "components" just isn't true. Stewart purchased the components—the building blocks—of the machineguns, after all. It's the guns themselves that weren't involved in commerce. Hydriotaphia 18:29, 6 January 2006 (UTC)

[edit] 1855 case

Stewart v. United States was a case in 1855, therefore the link does not work suitably. See: volume #58.

Accommodations for both cases must be provided! Superslum 01:43, 7 July 2006 (UTC)

[edit] 1856 case

Another link to Stewart v. United States is in volume #60, oddly. It also points to the 21st-century decision. Superslum 01:55, 7 July 2006 (UTC)

[edit] Supreme Court case?

Because this case was never argued or heard by the Supreme Court, I feel it doesn't belong in Category:United States Supreme Court cases, and further doesn't deserve to be listed on the List of SCOTUS cases. Would anyone object to de-categorying it and removing it from the list? --MZMcBride 19:03, 28 September 2006 (UTC)