FR: Never Accept the Premise of Your Opponent’s Argument
Questions like the one now being asked about the 2nd Amendment (2A) suggest that judges think that people no longer have the voting power to fire federal or state lawmakers who try to take away our 2A protections imo.
Interestingly, patriots are reminded that the early states had decided that Bill of Right (BoR) limitations on government powers did not apply to the states. The states had obligated only the federal government to respect BoR protections.
So before the 14th Amendment (14A) was ratified, the states technically could have made laws like the NY restrictive gun law being questioned imo.
H O W E V E R…
Patriots are reminded that the congressional record shows that Rep. John Bingham, the main author of 14A, had included 2A when he read the BoR as main examples of constitutionally enumerated privileges and immunities that 14A applies to the states.
John Bingham, Congressional Globe. (See 2nd Amendment (Article II) about in middle of 2nd column.)
So citizens now have protection against abridgment of their BoR protections, including 2A, from abridgment by the states.
In fact, in stark contrast to Biden's unconstitutional (imo) peacetime restrictive gun control policies, 14A expressly gives Congress the power to strengthen constitutionally enumerated protections, including 2A, from abridgment by the states.
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."
H O W E V E R…
Regarding the idea of citizens no longer having voting powers, evidenced by alleged desperate Democratic vote-counting fraud in the 2020 elections, we can expect the very corrupt, post-17th Amendment ratification Congress to not lift a finger exercise its 14A power to stop state actors from abridging constitutionally enumerated protections.
The remedy for federal and state lawmakers and judges that want to take away our 2A protections…
Unless the judicial system “express lanes” its weakening of 2A, patriots need to primary (2022) federal and state candidates for lawmaker who don't promise to remove anti-2A judges from the bench.
Finally, on a broader issue concerning corrupt federal government, please consider this. Patriots need to work with federal and state lawmakers to require judges and law enforcement officials to do the following when someone is accused of violating a federal law.
Judges and law-enforcement officials need to inform the accused of the constitutional clause(s) that arguably justifies the allegedly broken law for further scrutiny of the constitutionality of that law, especially where unconstitutional federal peacetime gun control laws are concerned imo.
”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.
The states and all levels of government were always bound by the Bill of Rights. That’s what they were for in spite of the desires of the various kinds of proponents of slavery.
The Fourteenth Amendment only further confirmed what was obvious enough before it.