May 2021: Guns and the 2nd Amendment

Responses

  1. Very good, I have observed that few people bother to read their state constitutions which in my experience generally reiterate ‘shall not be infringed’ and usually define what a militia is (for those people who like to argue the National Guard is the militia). Stay constitutions need to be defended as well but state constitutions sadly remain unread by most people.

  2. The Commerce Clause Truck Bomb and Fickerd v FIlburn allows them to regulate hiring your neighborhood kid to pick wheat or sand paint without testing, ad nauseum.

  3. Excellent presentation. 3 things:
    Yes! A1S8 is a vital key to dismantling the statist arguments for gun control. But I also wouldn’t cede any ground to them with respect to the text of the 2A either – all of the history/intent behind the words that make up the 2A support the gun rights narrative. In other words, all of the historical evidence is on our side.

    2. my understanding is that the federal bill of rights only applies to the federal govt. does each amendment apply differently (example 1A apples to congress vs 2A)?

    3. I understand the power distribution between states and the fed govt, but I would argue that neither states or the federal govt have access to more or less power – both may only exercise those enumerated powers granted to them by the constitutions that establish them. The 10A may leave all remaining powers to the states and the people, but states cannot act outside the powers of their state constitutions. I’m reminded of A4S4 that guarantees a Republican form of govt to the states – that is, a constitutional Republican form of govt.