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Constitution & Law
In a true federalism – which is what our founders established – there is no final arbiter of constitutional questions; there is no oligarchy to which all other branches of government must bow and which tramples representative government. That is the beauty of checks and balances. That is the beauty of federalism.
“No State shall enter into any treaty, alliance, or confederation; grant Letters of Marque and Reprisal; coin money; emit Bills of Credit; make any thing but gold and silver coin a tender in payment of debts; pass any Bill of Attainder; ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.”
If society is honest and historically accurate, the only question that has any relevance to the gun control debate is: “Do you trust those in government, now and forever in the future, to not take your life, liberty, or property through the force of government?” If the answer to that question is “No,” the gun control debate is over.
Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of troops, that can be, on any pretense, raised in the United States” -Noah Webster, 1787
The Second Amendment is not about hunting. And it’s not about defense of your property. The Second Amendment was written by men who ultimately believed that governments and armies would turn on their own people, as a way to guarantee that that would never happen.
You will find nowhere in Article 1, Section 8, the authority delegated to Congress to tax and spend for education or school firearms training.
If you are like many Americans, you might have assumed that the federal budget process begins with a determination of what activities are lawfully authorized by the United States Constitution along with an analysis of what they will cost. And then, you might have assumed that these necessary and authorized activities would form the basis around which to organize personnel and material resources. But this assumption would not be accurate.
James Madison, the father of the Constitution, said the General Welfare clause was added to describe the purpose of the limited powers being delegated to the central government, for example, so the central government could use those powers for the “general Welfare” of the union, rather than for the benefit of one State over the other.
Is the legislative act Constitutional? The President must faithfully execute. Is the legislative act unconstitutional? The President must be a check and balance.
The supremacy clause at Article VI, clause 2, US Constitution, says: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the …