Posted on 03/22/2021 9:24:07 AM PDT by rktman
A couple weeks ago, the House of Representatives passed H.R. 8, the "Bipartisan Background Checks Act of 2021" and H.R. 1446, the "Enhanced Background Checks Act of 2021."
H.R. 8 passed 227 to 203, with eight Republicans – Reps. Vern Buchanan (FL), Brian Fitzpatrick (PA), Andrew Garbarino (NY), Carlos Gimenez (FL), Adam Kinzinger (IL), Maria Salazar (FL), Chris Smith (NJ) and Fred Upton (MI) – voting in favor of the legislation. Democrat Jared Golden (ME) voted against the bill.
H.R. 1446 passed 219 to 210, with two Republicans – Reps. Brian Fitzpatrick (PA) and Chris Smith (NJ) – voting in favor of the legislation. Democrats Ron Kind (WI) and Jared Golden (ME) voted down their party's bill.
Both bills are commonly referred to as "universal background checks" and are designed to close the so-called "Charleston loophole."
(Excerpt) Read more at townhall.com ...
with eight Republicans – Reps. Vern Buchanan (FL), Brian Fitzpatrick (PA), Andrew Garbarino (NY), Carlos Gimenez (FL), Adam Kinzinger (IL), Maria Salazar (FL), Chris Smith (NJ) and Fred Upton (MI)
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Assistant Democrats
If I had any guns I would have bought them all and sold them all before the “universal” back ground checks. Prove otherwise! What this bill REALLY does is force people (who actually follow the law) to hand over their guns to a dealer while everyone waits for the back ground check. How long will the Chomo Ho administration stretch out the process? Who knows. 10 days? 20 days? Never? And if neither seller or buyer can “pass” the back ground check the dealer keeps the fire arm. It is just confiscation with a “for the children” name.
He did enough damage by banning incandescent light bulbs ...
Collin Noir has pointed out that there is no way to enforce universal BG checks without universal registration. Which is the excuse the left will use to ram through registration a year from now.
In addition to arguing 2A, also argue that the states have never expressly constitutionally given the feds the specific power to make peacetime gun control laws.
More specifically, since the federal government has only those powers that the states expressly constitutionally give to it, some of the drafters of the Bill of Rights had expressed the following concern. The drafters had feared that patriots would eventually develop tunnel vision (my words) for Bill of Rights protections and forget that the Bill of Rights was redundant in the context of power that the states had never expressly constitutionally given the feds the powers to regulate our basic protections are prohibited to the feds.
”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, the congressional record shows that Rep. John Bingham, a constitutional lawmaker, had included 2A when he read the Bill of Rights as main examples of constitutionally enumerated protections that the 14th Amendment (14A) applies to the states.
John Bingham, Congressional Globe. (See 2nd Amendment (Article II) about in middle of 2nd column.)
The congressional record also shows that Rep. John Bingham, a constitutional lawmaker, had clarified that, until 14A was ratified, the states hadn’t expressly constitutionally given the feds the specific power to make peacetime penal laws, not even for murder.
"Our Constitution never conferred upon the Congress of the United States the power - sacred as life is, first as it is before all other rights which pertain to man on this side of the grave - to protect it in time of peace by the terrors of the penal code within organized states; and Congress has never attempted to do it. There never was a law upon the United States statute-book to punish the murderer for taking away in time of peace the life of the noblest, and the most unoffending, as well, of your citizens, within the limits of any State of the Union. The protection of the citizen in that respect was left to the respective States, and there the power is to-day [emphases added].” —Rep. John Bingham, Congressional Globe. (See bottom half of third column.)
The great irony of 14A where today’s unconstitutional (imo) peacetime federal gun control laws are concerned is this. That amendment gives Congress the specific power only to make laws that STRENGTHEN constitutionally enumerated rights, including 2A, from abridgment by state actors.
Unfortunately, today’s generation is living proof that patriots have long-forgotten about the significance of constitutionally enumerated federal government powers, particularly the lack of such powers in the context of peacetime gun rights.
Even the post-FDR era, institutionally indoctrinated Supreme Court is glaring evidence that the professionals don’t bother to check if a contested federal law is reasonably justified under a constitutionally enumerated power.
In fact, it is disturbing that peacetime restrictive federal gun laws seem to have started appearing in the books during FDR Administration, FDR and the Congress at that time infamous for making laws which they had no express constitutional authority to make imo.
Franklin Roosevelt: The Father of Gun Control
Finally, citizens need to start working with their federal lawmakers to demand the following. When the federal government accuses someone of violating a federal law, the accused also needs to be informed of at least the common name of the constitutional clause that arguably justifies the law for further scrutiny of the constitutionality of that law.
The Fascist Bureau of Intimidation will be there to arrest them.
Actually, having to reference constitutional clauses when informing the accused what federal laws they have broken will be a great way for FBI agents to learn to identify and flag questionable laws, helping agents to get up to speed with the fed’s constitutionally limited powers.
Likewise for the CBO (Congressional Budget Office) to publicly report federal spending bills that cannot be justified under the post-17th Amendment ratification Congress’s very limited, constitutionally enumerated powers.
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." —Justice John Marshall, Gibbons v. Ogden, 1824.
Points well taken. But SCOTUS has harmed the “enumerated powers” argument by expanding the “commerce” and “welfare” clauses to basically mean ignore the enumerating language. So now what?
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