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Supremacy Clause, Guns, Immigration, and the Bill of Rights

Friday, March 23, 2018 15:17

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By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host
A conversation I had on Facebook.

2:14PM

Doug, if the first 10 amendments are Rights, does the supremacy clause dictate that they are actually federal laws, ,

And how would I defend the 2nd amendment away from the notion that it’s a federal law that has precedent over state laws for guns?

Douglas

Supremacy Clause applies only to laws of the United States made within federal authority. There is a debate over federal authority regarding our rights. While the preamble of the Bill of Rights is clear in establishing that the Bill of Rights only applies to the federal government, some scholars, and case law, has determined the equal protection clause and due process clause of the 14th Amendment allows an incorporation of the Bill of Rights to the States, and that the federal government must be the enforcer.

Douglas

I disagree with that doctrine.

Federalist 45 by James Madison is clear that if there must be laws regarding our rights, only local government may make laws regarding them, not the federal government. Federal Government was created for external issues.

If the States act tyrannical, then it is our job to straighten it out.

I asked because a lady in debating is suggesting the. Supremacy clause trumps states rights regarding guns

She thinks the Feds SUPERCEDE states on gun rights because of supremacy clause,

Douglas

Supremacy Clause language is clear: http://politicalpistachio.blogspot.com/2017/04/corona-constitution-class-supremacy.html
Corona Constitution Class: Supremacy Clause
Tuesday Night, 6:00 pm AllStar Collision 522 Railroad St. Corona, CA 92882 Constitution Class Handout Instructor: Dougla…
politicalpistachio.blogspot.com

That said, on federal issues like immigration: http://politicalpistachio.blogspot.com/2017/03/sanctuary-cities-violate-supremacy.html
Sanctuary Cities Violate Supremacy Clause
By Douglas V. Gibbs Author , Speaker , Instructor , Radio Host It has always fascinated me that the liberal left progressives regula…
politicalpistachio.blogspot.com

I understand what she’s saying, considering no other amendments were Laws after the 10th amendment and the finishing process of the constitution, but I need to read MADISONS notes

Douglas

Again, Madison also lays it out in Federalist 45: http://avalon.law.yale.edu/18th_century/fed45.asp
The Avalon Project : Federalist No 45
HAVING shown that no one of the powers transferred to the federal government is unnecessary or improper, the next question to be considered is, whether the whole mass of them will be dangerous to the portion of authority left in the several States. The adversaries to the plan of the convention, inst…
avalon.law.yale.edu

I’ll check it out. She brought up the assault weapons ban

But The Feds acted unconstitutionally in that, u agree?

Douglas

Read august 23 for supremacy clause: http://avalon.law.yale.edu/subject_menus/debcont.asp
Avalon Project – Notes on the Debates in the Federal Convention
* as called for in the Proceedings of the Commissioners to Remedy Defects of the Federal Government, Annapolis in the State of Maryland. September 14, 1786 (Annapolis Convention)
avalon.law.yale.edu

Shall not be Infringed means that every single gun law by the federal government is unconstitutional. None of their business.

Even assault rifle bans by the Feds, right?

Douglas

Yep.

Douglas

Besides, “assault rifle” is an inaccurate term. The assault rifles they claim must be banned are no different than my semi-auto hunting rifles, save for some cosmetic additions that make them look scary.

http://politicalpistachio.blogspot.com/2010/07/courts-threaten-american-gun-rights.html
Courts Threaten American Gun Rights
By Douglas V. Gibbs Question 1: Is State Sovereignty an important aspect of the U.S. Constitution? Question 2: Does the Authorities liste…
politicalpistachio.blogspot.com

An assault rifle in a military man’s mind is one that may be changed from single shot to semi-auto to automatic with the flip of a switch. Automatic weapons are already banned. That said, even the ban of fully automatic firearms by the federal government is unconsititutional.

Thanks Doug ,

I really appreciate the confirmation. These liberals are so intrigued by the Feds commanding control over everything

Douglas

The word “assault” is a nothing word. If I hit you in the face with my fist, it’s an assault, so guess what? My fist is now technically an assault weapon. It’s all a play on language.

That’s what I figured

Douglas

My next book should be available in days, follows the path it took to take us from a constitutional republic to a liberal democracy. Watch for it.

It’s titled 7 Worst Constitutional Liars

These libs I debate are so hypnotized by the Feds

Awesome!

Definitely let me know,

I’ll tweet it and Facebook it

I’ve tried getting you on the chris plante show,

Douglas

They believe big government is good, free speech is bad (and hate speech), and capitalism is all about giving control to big corporations. in other words, they’ve become Marxists.

Source: http://politicalpistachio.blogspot.com/2018/03/supremacy-clause-guns-immigration-and.html

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