In addition to continuing to push their 2nd Amendment (2A) protections, pro-2A patriots also need to point out that the states have never expressly constitutional given the feds the specific power to regulate peacetime use of firearms.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
In fact, consider that the congressional record shows that Rep. John Bingham, a constitutional lawmaker, had included 2A when he read the Bill of Rights as examples of constitutionally enumerated protections that the 14th Amendment applies to the states.
John Bingham, Congressional Globe. (See 2nd Amendment (Article II) about in middle of 2nd column.)
So ironically, the only kind of laws that the misguided, anti-2A, Democratic-controlled Congress has the express constitutional power to make concerning peacetime use of firearms imo, is to make penal laws that discourage state actors from abridging 2A protections.
Excerpted from the 14th Amendment:
"Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
"Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
And not only would Biden’s gun control EOs be unconstitutional like many are imo, but lots of lawmakers should have Section 3 of 14A thrown at them since they don't impeach Biden for signing those EOs imo.
"14th Amendment, Section 3: No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same [emphasis added], or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."
Corrections, insights welcome.
That was then, this is now.
Scalia, in the Heller decision, held that unconstitutional prohibitions become constitutional by being long standing.
That's the rule of law.
The feds aren't going to start following the constitution as we see it. They follow it as THEY see it, and there is no obligation to be sensible about it.