FR: Never Accept the Premise of Your Opponent’s Argument
Noting that I gladly voted for Trump and do not regret doing so, the problem with federal gun laws is the following imo.
While the states have expressly constitutional delegated to the feds the specific power to regulate military firearms, evidenced by the Constitution’s Article I, Section 8, Clause 16, the state have never constitutionally delegated the specific power to regulate civilian-use firearms, corrections and insights welcome.
In fact, consider that regardless what FDR’s state sovereignty-ignoring activist justices wanted everybody to think about the scope of Congress’s Commerce Clause powers (1.8.3), it remains that a previous generation of state sovereignty-respecting justices had clarified that the states have never delegated to the feds expressly via the Constitution the specific power to regulate INTRAstate commerce.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.
So I don’t see where the feds have any constitutional authority to regulate the INTRAstate sale and use of firearms.
Patriots need to start working with Trump to inventory federal books for constitutionally indefensible laws, there are probably plenty of them, and either surrender stolen state powers back to the states, or petition the states for new amendments granting Congress the specific powers to justify such laws.
And I wouldn’t be surprised if constitutionally low-information Trump eventually finds that some of laws that he signs are unconstitutional.
The Supreme Court has kept on expanding what is defined as commerce between the states until it has come to include everything.
That needs to be corrected, but it is what the current Supreme Court jurisprudence is.
Have you seen that President elect Trump has referenced the 10th Amendment on his web site?
Any idea who the last president to mention the 10th Amendment in serious discussion might be? I do not. I cannot recall a single one.
https://www.greatagain.gov/policy/constitutional-rights.html
“He will defend Americans’ fundamental rights to free speech, religious liberty, keeping and bearing arms, and all other rights guaranteed to them in the Bill of Rights and other constitutional provisions. This includes the Tenth Amendment guarantee that many areas of governance are left to the people and the States, and are not the role of the federal government to fulfill.”