Hugh Hewitt Responce

Bidimus1

[Bidimus1]

Hugh Hewitt on Tue Jan 8 2013 asked for a legal argument against taxing arms out of existance. Here is what I sent him.

I heard on your show Tues the 8th of Jan. A call for those of us that support the constitution to find a argument againt the taxiation to the point of elimination of the sales of arms.

I am not a lawyer but do try to think critically.

My first argment is this.

Fundemtnal Rights are equal. This can be supported but McDonald v Chichago.

Fundamental right deserving of protection. Evidence from the periodimmediately following the Amendment’s ratification confirms thatthat right was considered fundamental. Pp. 22–31. (ii) Despite all this evidence, municipal respondents argue thatMembers of Congress overwhelmingly viewed §1 of the Fourteenth Amendment as purely an antidiscrimination rule. But while §1 does contain an antidiscrimination rule, i.e., the Equal Protection Clause,it can hardly be said that the section does no more than prohibit discrimination. If what municipal respondents mean is that the Second Amendment should be singled out for special—and specially unfavorable—treatment, the Court rejects the suggestion. The right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated inan evenhanded manner. Pp. 30–33

As such one must look to other fundemtal rights and the manner in which they have been infringed and later remedies applied.

The case that comes first to mind is Harper v. Virginia State Board of Elections.

Annie E. Harper, a resident of Virginia, filed suit alleging that the state's poll tax was unconstitutional. After a three-judge district court dismissed the complaint, the case went to the Supreme Court. This case was decided together with Butts v. Harrison ( http://www.oyez.org/cases/1960-1969/1965/1965_48 )

which held

"We conclude that a State violates the Equal Protection Clause of the Fourteenth Amendment whenever it makes the affluence of the voter or payment of any fee an electoral standard. Voter qualifications have no relation to wealth nor to paying or not paying this or any other tax"

As the franchise is a fundemtal right and is protected against the use of a Tax to descriminate so must all Fundemental rights be protected.

To make this even more on point the 14th amendment due processs clause is the basis for both the McDonald and Harper cases.

I hope this is of of some value to you in your thnking on the subject.

[colorado tanker]

Don’t be too discouraged. In the past the gun grabbers have just passed eyewash legislation that leaves 99% of guns and owners legal. Then they congratulate each other and give each other awards for “doing something.”

[henkster]

I think Roberts’ opinion implicitly declares that there are no limits whatsoever on the power of the Federal Government over the people. Enjoy meeting your quota, comrade.