Week 11 - Temecula Constitution Study with Douglas V. Gibbs
Topic: In the Beginning there was the Preamble; The fate of gun rights
Question 1: Is State Sovereignty an important aspect of the U.S. Constitution?
Question 2: Does the Authorities listed in the U.S. Constitution only apply to the Federal Government?
Question 3: Is the right to bear arms an individual right, or a collective right?
Question 4: Is McDonald v. Chicago a victory for gun rights?
The Chicago handgun ban case that went to the Supreme Court is being seen as a major victory for those supporting gun rights. I am here to tell you that it was not only not a victory, but that it sets the table for the federal government to take away the individual gun rights.
The Heller v. Washington DC case established that the right to bear arms is an individual right, not a collective right.
The McDonald v. Chicago case established that the 2nd Amendment applies to the States as well as the federal government.
The upside, people say, is that means cities and states cannot ban guns.
If you want your gun rights protected at the State level that is what the State Constitution is for.
Now that the Supreme Court has determined that the 2nd Amendment applies to the States, all firearms legislation at the State level is null and void. Only the 2nd Amendment applies. As a result, the federal government is dictating to the states that they must allow people to keep and bear arms.
But if the federal government can give you your rights, they can take them away - hence the reason for state sovereignty, and why the Bill of Rights were originally intended not to apply to the States, but to the Federal Government only.
The change of only one justic on the U.S. Supreme Court could overturn the Heller case, change the findings to say that gun ownership is a collective right, use the McDonald case as precedent to show the 2nd Amendment applies to the states, and take away the firearms of every individual, unless they are a part of an approved "collective" organization or group.
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