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USA Gun Laws and the Constitution.

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posted on Apr, 24 2007 @ 10:46 AM
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Okay, this is pretty straight forward for the most part. ANY gun restriction is unconstitutional due to the text of the second amendment.


A well regulated Militia, being necessary to the security of
a free State, the right of the people to keep and bear Arms,
shall not be infringed.


I will discuss some aspects of the 2nd later on, but for now, lets focus on the 10nth.


The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to
the States respectively, or to the people.

The way I read this, since the main body of the Constitution does not contain provisions for a Federal regulation on firearms, then it would be up to State legislation to mandate whether or not certain firearms are permitted. Therefore, all Federal Law regarding firearms, 2nd amendment issues aside, are unconstitutional by default.

Any comments or thoughts on this?



posted on Apr, 24 2007 @ 01:43 PM
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Basically, everything our federal government does is unconstitutional. As scary as that sounds. According to article 1 section 8 the Federal government only has the power to borrow money, regulate commerce with other nations, establish post offices, and raise and regulate military forces.

Article 1 section 8

The catch most people claim for our bloated Fed, is where the Constitution says the Federal government should provide for 'the general Welfare of the United States.'

To understand this, you have to dig a bit deeper, and study the "Federalist Papers." These are a compilation of essays written by Alexander Hamilton, James Madison, and John Jay in 1787 and 1788, which explain how the Constitution defines the powers and constraints on the federal government.

Federalist Papers

In "Federalist No. 41," James Madison explains that the "general Welfare" clause itself gives absolutely no power to the federal government. It is, Madison explains, just an introduction to the enumerated powers that follow it.

The 10th Amendment was written later and further backs this "limited Federal government" issue up. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Benjamin Franklin said it best when asked what kind of government we have. "A Constitutional Republic if you can keep it." Well, we lost it.



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