Posted on Oct 12, 2021
Why Anti-Gunners Are Launching an Imitation Campaign Against the Supreme Court
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Posted 3 y ago
Responses: 3
Never loose sight of this! Although we lived under Articles of Confederation for 11 Years, 3 Months and 16 Days (11/15/1777 to 3/4/1789) before the Constitution was implemented, the Constitution itself would have never passed muster at the the Constitutional Convention in Philadelphia without the commitment that the very first congress under the new Constitution would address the Bill of Rights. That issue was the single enabler that broke the deadlocked convention in 1787. That's how important the Bill of Rights is, and relevant to this discussion, the 2nd Amendment.
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"The biggest whopper is Chemerinsky’s statement, 'From 1791, when the 2nd Amendment was ratified, until 2008, not one federal, state or local gun regulation was struck down.'”
Dean Chemerinsky, in spite of his academic and "progressive" credentials, fails to mention that SCOTUS early-on determined that the 2nd Amendment, and other enumerated rights in the Bill of Rights, were ONLY protected against FEDERAL action against those rights. Indeed, the first words of the BOR are "CONGRESS shall make no law ...". States were free to act in accordance with their local constitutions, which might not include all the rights of citizens stated in the BOR. There was no nation-wide consistency of enumerated rights in the BOR being "incorporated" and therefore applicable to every citizen in every state in the Union.
Since there were no federal laws that referenced anything to do with 2nd Amendment rights, the Court dismissed all such complaints of 2nd Amendment violations out of hand. That changed when the "New Deal" put through their federal gun-control law, the National Firearms Act, and set up MILLER (1939) as judicial theater to establish the NFA as "Constitutional".
Dean Chemerinsky, in spite of his academic and "progressive" credentials, fails to mention that SCOTUS early-on determined that the 2nd Amendment, and other enumerated rights in the Bill of Rights, were ONLY protected against FEDERAL action against those rights. Indeed, the first words of the BOR are "CONGRESS shall make no law ...". States were free to act in accordance with their local constitutions, which might not include all the rights of citizens stated in the BOR. There was no nation-wide consistency of enumerated rights in the BOR being "incorporated" and therefore applicable to every citizen in every state in the Union.
Since there were no federal laws that referenced anything to do with 2nd Amendment rights, the Court dismissed all such complaints of 2nd Amendment violations out of hand. That changed when the "New Deal" put through their federal gun-control law, the National Firearms Act, and set up MILLER (1939) as judicial theater to establish the NFA as "Constitutional".
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