Thursday, March 4, 2010

Could someone please read the Second and Tenth Amendments?

The United States Supreme Court has been hearing arguments on the McDonald v. Chicago lawsuit, which questions whether or not individual states or local municipalities have the legal right to restrict gun ownership.

I'm not sure why nine Supreme Court Justices are involved in this case, because the Second and Tenth Amendments to the Constitution guarantee the right of all American citizens to keep and to bear arms, without obstruction from the various states.
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. - Second Amendment to US Constitution.

Whether or not the people have the right to bear arms, is not being discussed at the Supreme Court, because the Court ruled in Heller v. Washington on the side of individual gun ownership. The current case at hand, is dealing with whether or not local states and local municipalities can restrict gun ownership.
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. - Tenth Amendment to the US Constitution.

According to the Tenth Amendment; The powers not delegated to the United States, meaning all rights not mentioned in the Constitution belong to the states and the people, the right to gun ownership for all Americans is mentioned. Gun control laws in Chicago, San Francisco, Illinois and other states are unconstitutional.

This is something that individuals on the right and left are forgetting: The right to bear arms, in addition to all other guaranteed rights established in the Constitution, supersede state rights in the Tenth amendment, because that applies to undefined rights only.

Our Constitution is not difficult to understand. Some individuals are wrapped so tight in state rights or hate all rights so much, that the truth is forgotten. I hope the Supreme Court rules with the Constitution, instead of against.

I suggest that those who do not understand the Constitution, should sit down this morning, afternoon or evening, when time is available, and read it as it is written, instead of how you would have written it.

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1 comment:

Harrison said...

A couple of things... the Heller case only applied to the District of Columbia which doesn't have the same rights/powers as states.

And our "right to bear arms" is restricted because you can't own a grenade or a flamethrower or other dangerous items.

There still has never been an actual ruling as to whether owning a gun is an individual or collective right (as in the case of a militia).