Posted on 02/10/2013 9:46:08 PM PST by neverdem
The courts would no more allow government to undermine the Second Amendment than the First.
Could there be a better illustration of the cultural divide over firearms than the White House photograph of our skeet-shooting president? Clay pigeons are launched into the air, but the president's smoking shotgun is level with the ground. This is not a man who is comfortable around guns. And that goes a long way toward explaining his gun-control agenda.
Lack of informed presidential leadership aside, there is a gulf between those Americans who view guns as invaluable tools for self-defense, both against private wrongdoers and a potentially tyrannical government, and those who regard that concept as hopelessly archaic and even subversive. For them, hunting is the only possible legitimate use of firearms, and gun ownership should be restricted to weapons suited to that purpose.
But while the level of the policy discourse leaves much to be desired, its constitutional dimensions are even more dimly recognized, much less seriously engaged. Yet the debate over guns, as is the case with many other contentious issues in American history, cannot be intelligently pursued without recognizing its constitutional dimensions. The Supreme Court's 2008 decision in Heller v. District of Columbia confirmed that the Second Amendment means what it says: "the right of the people to keep and bear arms shall not be infringed."
After Heller and its follow-on case, McDonald v. Chicago, which applied the Second Amendment rights to the states, what government cannot do is deny the individual interest in self-defense. As a legal matter, that debate is settled.
The president and his allies seem to have missed the message, as demonstrated by his continued insistence that most of the American people, including many hunters, support his proposed gun-control measures. Even if that claim were true, constitutionally protected...
(Excerpt) Read more at online.wsj.com ...
SCOTUS, like the other branches, is part of the Federal Government and has the same motive to preserve and expand its power. And in aggregate, the decision of SCOTUS have expanded the reach of FedGov and diminished liberty at least since Wickard. Thanks in part to them, there is nothing limited about FedGov and a great deal of what it has inserted itself into is certainly not enumerated.
I don't see how anyone can claim with a straight face that the FedGov is a creature of the States rather than their heavy handed master.
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