{"id":82957,"date":"2018-11-19T13:25:29","date_gmt":"2018-11-19T17:25:29","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=82957"},"modified":"2018-11-19T13:13:53","modified_gmt":"2018-11-19T17:13:53","slug":"a-brief-review-of-2nd-and-10th-amendments","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=82957","title":{"rendered":"A Brief Review of 2nd and 10th Amendments"},"content":{"rendered":"
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The Bill of Rights<\/figcaption><\/figure>\n

That small firecracker storm stirred up by yesterday\u2019s posting of an article about a newly-minted Congress critter from California showed that this incipient Congress critter is ignorant of both Federal and state laws about everything.<\/p>\n

Here\u2019s my attempt to clear up that ignorance as simply as possible.<\/p>\n

First of all, the US Constitution has Amendments that specify such things as what authority is delegated to the Federal government, and what is delegated to the states and to the people of the United States.<\/p>\n

The specific Amendment regarding this comes out of the Articles of Confederation, which was the original document meant to provide for a national and expanding, federal government. When the Articles of Confederation were dumped, the resulting Amendment designating states\u2019 rights was created during the drafting of the US Constitution.<\/p>\n

The 10th Amendment was included in the Bill of Rights to create a class of powers, known as reserved powers, exclusive to state governments. The amendment specifically reads as follows: \u201cThe 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.\u201d<\/p>\n

Now, that\u2019s quite clear language, in my view. It is plain English, unlike some of the bills passed by either or both Houses of Congress, bills in which gobbledygook is meant to cover the cracks in the system that come from quarrelsome parties in Congress. https:\/\/courses.lumenlearning.com\/amgovernment\/chapter\/state-power-and-delegation\/<\/a><\/p>\n

I will repeat it. Tenth Amendment: \u201cThe 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<\/em>.\u201d<\/p>\n

The U.S. Constitution is silent on the dispersion of power between states and localities within each state. This means that because local jurisdictions are not mentioned specifically, then local power lies within the purvey of the states themselves.<\/p>\n

The other Amendment which is brought up here so frequently is the Second Amendment, which is as follows: \u00a0A 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.<\/p>\n

That\u2019s pretty clear, too. At the federal level, your right to own guns is inviolate. The most recent example of a localized attempt to overstep the US Constitution as well as state law occurred \u00a0when the Mayor of Deerfield, IL, not only passed an ordinance banning guns in Deerfield, but also included a search-and-seizure procedure with no notice to homeowners, which was tested in court, and was found to not only violate Illinois state laws by not providing due process or warrants, but also violated the US Constitution. She lost, and lost badly.<\/p>\n

That was the first test of this kind of thing. I believe more will follow. Prepare yourselves mentally for that, and if necessary, get to be friendss with an attorney who knows both state and US Constitutional laws.<\/p>\n

It was this bout of illegal activity by one person that prompted the County of Effingham downstate to offer itself as a sanctuary county for gun owners. That \u2018sanctuary county\u2019 program continues in Illinois,\u00a0 as I indicated a few weeks ago, with many counties following suit and more with the sanctuary proposal on their legislative books.<\/p>\n

Try to speculate on what will happen if state legislatures decide to go full potato about it, and declare themselves sanctuary states for gun owners.? We\u2019d probably have another test of both state and federal laws. That would be my guess. That\u2019s how you do things in this country. It is “We, the People”, not ‘The Government’.<\/p>\n

The newly-elected and very arrogant individual Swallwell from California voiced threats toward anyone who fails to obey a federal gun ban, including dropping a nuke on you. I\u2019d like to see him try that.<\/p>\n

He is not only ignorant of the US Constitution, he is also colossally ignorant of laws in general.<\/p>\n

The US Constitution\u2019s 2nd<\/sup> Amendment is a federal law, whether he likes it or not. It is backed up by the 10th<\/sup> Amendment. His authority is a lot more limited than he can possibly imagine by the language of the 10th<\/sup> Amendment:\u00a0 \u201cThe 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.\u201d<\/p>\n

Bear that last phrase in mind: “or to the people”, and review the Deerfield debacle. This Amendment has withstood the test of time and the court system.<\/p>\n

The 10th \u00a0Amencment is quite clear. It is within the rights of each and every state government to create legislation regarding owning guns. It is, in fact, reserved to the states to create such laws as they see fit, which has resulted in the State of Illinois passing rather stringent but valid FOID and CCW laws, both of which meet legal requirements and state laws, and constitutional terms at the federal level. This is what tripped up the Mayor of Deerfield.<\/p>\n

I want to remind everybody reading this that Prohibition, a Constitutional amendment passed by Congress and ratified by the states, did not work and was repealed within a few years. Among other things, it provided room for the rise of organized crime, which started with Al Capone.<\/p>\n

It is extremely necessary on the part of all of us to be aware of these vultures and give them as much room as possible to expose themselves for what they really are.<\/p>\n

Without awareness of them and their agenda, we lose the very things we value most.<\/p>\n","protected":false},"excerpt":{"rendered":"

That small firecracker storm stirred up by yesterday\u2019s posting of an article about a newly-minted Congress … A Brief Review of 2nd and 10th Amendments<\/span>Read more<\/a><\/p>\n","protected":false},"author":653,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[220,82,156,10,47],"tags":[],"class_list":["post-82957","post","type-post","status-publish","format-standard","hentry","category-the-floggings-will-continue-until-morale-improves","category-gun-grabbing-fascists","category-guns","category-historical","category-liberals-suck"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/82957","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/653"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=82957"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/82957\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=82957"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=82957"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=82957"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}