7th Circuit Court of Appeals: "States can regulate and ban guns if they wish"

[jm1776]

Yeah, but why doesn't this apply to EVERYTHING the feds aren't authorized to do? Why do they get to select the areas where states are free to do as they please?

They don't, we do by challenge. There is a plethora of court precedent, American jurisprudence, supporting the limited jurisdiction of the federal government and therefore acts of congress. Before any court in the land can begin to hear a case, jurisdiction of the court must be established. Both physical and subject matter. If jurisdiction is not challenged up front then jurisdiction is assumed by acquiescence.

Think there will ever be a ruling saying the 14th amendment doesn't restrict the states?

I agree the 14th amendment is a mess but it did not re-write the constitution. It intended to created a new class of citizenship for former slaves and to ensure that State law applies equally to the original class and the new class.

[Richard A Hamblen]

Yeah, but why doesn't this apply to EVERYTHING the feds aren't authorized to do? Why do they get to select the areas where states are free to do as they please?

Think there will ever be a ruling saying the 14th amendment doesn't restrict the states?

The Fourteenth Amendment was passed unconstitutionally at the point of bayonet as an ex post facto justification of the War to Prevent Southern Independence. Read the history of the amendment. When the provisional governments of the recently conquered Confederate States refused to ratify the amendment, they were then put by Congress into the very condition they lost a war trying to achieve, ie., out of the Union, and had to reapply for admission to the Union, with passage of the Fourteenth Amendment as a precondition for admittance. The entire police state apparatus which exists today is founded on that amendment. It continues to prevail because the power elites at the federal and state levels find it a convenient cloak for their tyranny.

When you ask for a "ruling" to restrict the Fourteenth Amendment you are licking the hand of the master who has been beating you. The proper response is to organize and take control electorally of the sovereign state government, and elect men and women who will awake from their slumber and restore the states to their proper Constitutional relation to the FedGov, by force if necessary, through the exercise of their constitutional Militia powers. Nuclear weapons are a great deterrent to subjugation by force. Ask the nuclear powers of the world.

[Pericles]

Barron v. Baltimore (1833) is where it started to go wrong.

Read the following for a sound argument for what is the correct reading of the BoR.

http://www.constitution.org/ussc/032-243jr.htm
"The theory of government under which the Constitution was developed is the theory of natural law. This theory supports the doctrine that certain rights are fundamental and pre-exist government, either natural rights arising from the primal "state of nature", or civil rights arising from the "social contract", but before the society thus created established a government for itself. That is not to say that the rights recognized in the Bill of Rights are all natural rights, but they are instrumental rights to natural rights, which arise out of the social contract and the common law tradition of government leading up to the Constitution, nonconflicting parts of which were incorporated into it, which we classify as "civil". But one of the tenets of this theory is that all natural and civil rights are necessarily also constitutional rights, whether explicitly recognized or not." and therefore, can not be infringed upon by any level of government.

[Dr.3D]

So how long before the federal government can extort the states into banning guns?

[LibertyEagle]

Seems to me that Richard is making a good point.

[Reason]

bump

[RideTheDirt]

Shinning a light on the lack of Federal jurisdiction over the states, except the enumerated powers and physical areas where the states specifically ceded jurisdiction to the federal government is a good thing!

Virtually every state constitution contains a duplicate of the bill of rights. Arkansas:

Commifornia doesn't...
*packs shit and preps for mass violence once guns are banned*

[jm1776]

Commifornia doesn't...
*packs shit and preps for mass violence once guns are banned*

I hear you. I put in 18 years there. Voted with my feet in late 2005.

[JordanL]

Well, people, have you not read your state Constitutions? Do you expect to be able to complain about overweening centralized federal authority yet expect the same authority to "protect your gun rights" when the remedy to state initiated gun control is to be found in your own state constitution? The federal constitution restrains (allegedly) the federal government. Your state constitution is supposed to restrain your state government, and localities within the state are bound by it also. If there is no RTKBA in your state constitution, then you need to organize like hell to adopt one. The theory is called "federalism", or "states rights". I wouldn't think this has to be explained to Liberty Forest readers.

Do you understand the meaning behind "ratified"? Any part of the Federal Constitution is implicitly agreed upon by every state. That's the whole purpose behind the Constitution.

[HOLLYWOOD]

The Track record appears to almost always in favor of government, whether it's federal or state, the judicial systems rules in favor of government.

All three branches of US government work systematically together... there are barely any checks and balances by the judicial branch.

Whether jurisdiction in Federal or State, laws apply only... whatever favors government control.