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They will still claim regulatory authority under the commerce clause. Quoted:
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Why not? The Federal .gov doesn't really respect the 2A anyways. At least if it was solely up to the states, some would have good gun laws. They will still claim regulatory authority under the commerce clause. This, she says states rights but really FedGov would legislate the right away anyways. |
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The problem is that many people feel that the 2A merely recognizes a previously existing natural right. The Constitution was not yet even a twinkle in Madison's eye when this was penned:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. The people clearly have a right to individual and collective self defense, and arms are an obvious pre-requisite for such. You can get rid of the 2A, but it is harder to erase the natural right. |