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The 2nd Amendment Applies To The States

by Anonymous
(United States)

Gun Rights - 2nd Amendment

Gun Rights - 2nd Amendment

Several other cases, for example Gitlow vs. New York, argue whether or not certain amendments apply to the state governments. Most of these cases conclude in favor of the plaintiff and show that these amendments do apply to the states. It is never clearly stated in the U.S. Constitution that these amendments only apply to the federal government, therefore they also pertain to the state governments. In this case, the man has the right to bear arms as protected by the second amendment and will be able to carry and possess the gun as long as he does not have a criminal record of some sort. This amendment applies to the state governments, as described in the 10th and 14th amendments, as well as the federal government.

Response from the Minuteman:
Dear Anonymous,
You are certainly right that certain courts have stated repeatedly that the 2nd Amendment and all the amendments apply to the states. However, I disagree that this was the Founders original intent and it is clearly not the language in the Constitution itself. The 10th Amendment clearly states that powers not given to the federal government in the Constitution are reserved to the states. Therefore, according to the Founders original intent as expressed in the Constitution, you are correct that states may regulate gun ownership in any way they choose, not because the amendments apply to the states, but rather because the right of regulation is barred from the federal government and therefore given to the states. Anyone else care to express their opinion about this?

Comments for The 2nd Amendment Applies To The States

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Mar 29, 2010
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Washington's Bible
by: Sheriff Ray Nash

Harvey:

Thanks for the input on this topic. As I stated in the video, we started a tradition of taking an oath of office for me and my deputies on a Bible opened to Romans 13. You should see that Bible! That page is yellowed from all the sweaty palms that were placed on it over the years. In the last few years of my term, we switched to a Bible that had been given us by the Police Chaplains Association in honor of Deputy Michael Deese who was killed in the line of duty.

You might also like this short video I did on "The Tarnished Badge": http://www.youtube.com/watch?v=tWvebm2EFa0

Sheriff Ray
www.PoliceDynamics.com

Mar 28, 2010
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George Washington's Bible oath
by: Harvey

I have been following the Sheriff Ray and Minuteman conversation - most interesting. I also enjoyed the God and Country sermon the Sheriff delivered. An answer to a comment from that sermon: there is discrepancy concerning the Bible verses, the presidential oath of office 1789 for George Washington. I use Deuteronomy 28(see "America's Providential History" from the Providence Foundation) as the passage upon which Washington placed his hand. However Genesis 49:13 is the verse according to "The American Patriot's Bible" (Dr. Richard Lee, General Editor). Check them out. Both are fascinating and educational reads. Blessings

Mar 26, 2010
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Commerce Clause
by: Sheriff Ray Nash

In light of our discussion about the improper and unconstitutional use of the Commerce Clause, you will be interested in this from the Patriot Post:

http://patriotpost.us/alexander/2010/03/25/the-patriot-declaration/

Sheriff Ray
www.PoliceDynamics.com

Mar 24, 2010
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Commerce Clause
by: Sheriff Ray Nash

The way the feds interpret the Commerce Clause, they can acquire jurisdiction over almost anything...

Sheriff Ray
www.PoliceDynamics.com

Mar 23, 2010
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God and Country Day
by: Sheriff Ray Nash

You might also enjoy this God and Country Day address I made at Chuck Baldwin's Church in Pensacola. I take the time to further refine some of the Founding Fathers' intentions and how they apply to us today.

Sheriff Ray
www.PoliceDynamics.com

Response from the Minuteman:

It looks as if the Obamacare proponents will be relying on the Commerce Clause in Article I, Section 8, Clause 3 of the US Constitution which gives Congress the authority to regulate interstate commerce, as this battle moves to the courts. The Supreme Court has already apparently made two rulings in the last ten years stating that Congress did not have authority to force people to buy things they didn't want. With the Court fairly evenly divided, it could go either way, but there is such momentum on the side of the Obamacarians now that reversing it will be a tough job.

Mar 23, 2010
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Obamacare
by: Sheriff Ray Nash

Hard for me to say how the Court might rule. But I believe the law is CLEARLY unconstitutional since it falls outside of the delegated authority of the Federal government. Of course, most of what the Federal government has done for the last 50 years has been outside of their constitutional authority and it hasn't stopped them so far...

Sheriff Ray
www.PoliceDynamics.com

Response from the Minuteman:

It looks as if the Obamacare proponents will be relying on the Commerce Clause in Article I, Section 8, Clause 3 of the US Constitution which gives Congress the authority to regulate interstate commerce, as this battle moves to the courts. The Supreme Court has already apparently made two rulings in the last ten years stating that Congress did not have authority to force people to buy things they didn't want. With the Court fairly evenly divided, it could go either, but there is such momentum on the side of the Obamacarians now that reversing it will be a tough job.

Mar 23, 2010
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Same for Health Care?
by: Harvey

I enjoyed reading the ANONYMOUS comments of 3/20/10 and agree with both you and the Minuteman. Would you expand? How does your explanation of the Constitution and Bill of Rights relate to the passage of the health care bill, which was signed today 3/23/10? Minuteman does have another Current Events section concerning the health care debate which I have read but since Sheriff Ray was so clear to me on 2nd amendment response, I wanted him to see this question, thus I responded on this "2nd Amendment Applies to States." In short, I believe the bill WILL be proved Constituional, regardless of forcing people to buy insurance? What do you think Sheriff Ray?

Mar 20, 2010
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Agree with Minuteman
by: Anonymous

The wording of the Bill of Rights, as well as it's historical context, clearly shows that it was intended to apply to the Federal government alone. The first amendment starts out "Congress shall make no law..." Clearly this is a limitation on the federal legislative authority.

The third amendment, dealing with the housing of troops, is a limitation on the federal executive authority. The fourth amendment binds both the executive (searches and seizures) and the judiciary (requirements for warrants). And so on through all ten amendments.

You can view the US Constitution as establishing the authority of the Federal government (a grant of authority from "we, the people") and the Bill of Rights as establishing its jurisdiction (limitations on its authority).

Therefore, the states were considered free to regulate guns, religion, or any other topic not prohibited to it by the Constitution. But these subjects were outside of the jurisdiction of the Federal government...

Sheriff Ray
www.PoliceDynamics.com

Jan 28, 2010
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Guns? - 10th Amendment says States Prevail
by: Harvey

TO ANONYMOUS
No knock-out punch on this. It will be a technical decision. Your considerations are legitimate and understood. I am inclined to vote with the Minuteman,(the states MAY control gun ownership) because of the 10th Amendment. If the Federal government is NOT given the power, that power is reserved for the states to do as they wish.

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