Constitution 101

Constitutional Authority

Federal Firearm Laws are Unconstitutional

Article 1 Section 8
Powers of Congress

Clause 1:
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Clause 2:
To borrow money on the credit of the United States;

Clause 3
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Clause 4
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

Clause 5
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Clause 6
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

Clause 7
To establish Post Offices and Post Roads;

Clause 8
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Clause 9
To constitute Tribunals inferior to the supreme Court;

Clause 10
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

Clause 11
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Clause 12
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

Clause 13
To provide and maintain a Navy;

Clause 14
To make Rules for the Government and Regulation of the land and naval Forces;

Clause 15
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Clause 16
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Clause 17
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

Clause 18
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

First of all, there is nothing in section 8 (The Enumerated Powers of Congress) regarding firearms. Therefore, all Federal (and State) Firearms Laws are Unconstitutional. Any decisions/opinions by the Supreme Court to the contrary are also Unconstitutional. Much of Heller and McDonald is Unconstitutional.

However Clause 18 above, is often ‘Cherry Picked’ for justification of making a law that is NOT within The Enumerated Powers.

Next, we come to:
Article VI – Debts, Supremacy, Oaths

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

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 Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

This Constitution, and limited Enumerated Powers also apply to the States. After all, this Constitution is the SUPREME law of the land. In reality, we don’t even need the Second Amendment. It was incorporated at the insistence of a few of the several states. But since we do have the Second Amendment, it puts further restrictions on both Federal and State governments. That being the case, how did we get left with the diabolical opinions in Heller and McDonald?

But the Constitution appears to contradict itself with the 10th Amendment.

The 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.

Interesting,,,,,,However, what may be permitted to the States via the 10th Amendment does NOT absolve the States from the rest of the Constitution.

The 2nd Amendment has ALWAYS been incorporated to the States.

What is not arguable is the ATF’s very existence is Unconstitutional along with all Federal (and State ) Firearm laws.

Within the gun community, many are worried about numerous bills. This worry is justified to a certain extent. The ATF will do what it wants, regardless of public input. Normally, they don’t even bother for public comment and just change the rules. As a case in point, the ATF not too long ago just up and changed the rules regarding certain black powder revolvers without it being addressed by congress. The ATF states that they (the ATF) don’t have the power to either make, or change, and firearms laws. But as we all know, they do it anyway. Totally illegal and Unconstitutional. Cabellas, Midway, and several other large companies are totally ignoring these ATF travesties and will ship any black powder revolver door to door and across state lines. They know that what the ATF is doing is illegal and unconstitutional, and in a lawsuit, the ATF will not win.

We, in the gun community, need to start pointing out to both chambers of congress that any federal firearm legislation regarding firearms is Unconstitutional. Anything less, and we continue down the very expensive road of litigation.

The present Federal Government is Unconstitutional and therefore Null & Void. The same can be said of numerous previous administrations.

A bold statement for sure. But if you read the following you will most likely have a better understanding than most Federal and State judges as well as most of today’s Congress Critters.

The enumerated powers are previously listed here. Click your back button to return.

with the additional power granted congress by:
Art. I, § 2, cl. 3
Art. I, §4, cl. 1
Art. I, § 9, cl. 1
Art. I, §9, cl. 2
Art. I, § 10, cl. 2 &3
Art. III, §3, cl. 2
Art. IV, §1
Art. V

Along with the 13th, 14th, 15th, 16th, 23rd, 24th, and 26th Amendments constitute the powers of Congress. The above stated powers are the ABSOLUTE limit to which Congress has ANY power. These and ONLY these.

The General Welfare Clause
The General Welfare clause in Article I § 8 is an introduction to the enumerated powers that follow and not itself a grant of power. Any law passed by Congress that is outside Article 1 § 8 is Unconstitutional, and thus Null and Void.

James Madison addresses this precise issue in Federalist no. 41 (last 4 paras): Madison points out that the first paragraph of Art. 1, §8 employs “general terms” which are “immediately” followed by the “enumeration of particular powers”. The General Welfare Clause does NOT grant the government any additional powers. Those powers are restricted to the enumerated powers already stated.

Next, we come to:
Article 1 § 8, Cl 3 the Commerce Clause.
In Federalist no. 22 (4th para) and Federalist no. 42 (11th &12th paras), Alexander Hamilton & James Madison explain the purpose of the “interstate commerce” clause: It is to prohibit the states from imposing tolls and tariffs on articles of import and export—merchandise.

Now we come the totally abused
Art. I, §8, last clause. The so called ‘necessary & proper’ clause
Congress seems to believe they can make any laws which the people in Congress think are ‘necessary & proper’?” NO, IT DOES NOT! Alexander Hamilton says the clause merely gives to Congress a right to pass all laws necessary & proper to execute its declared powers [Article 2 § 8 and various Amendments]. Federalist no. 29, 4th para. James Madison agrees with Hamilton’s explanation. ( Federalist no. 44, 10th-17th paras). The clause simply permits the execution of powers already declared and granted. Hamilton & Madison are clear that NO additional substantive powers are granted by this clause.

What does all this really mean?

Any entity created, or any law passed outside Article 1 § 8, along with the various Articles above, and various Amendments are Unconstitutional.

Some entities that are Unconstitutional.

BATFE, or ATF. Plus any laws created either by or for this entity.
EPA No comment needed.
FAA. Although we NEED the FAA, Their powers need oversight and a Constitution Amendment is needed to make the FAA legal.
DoE Department of Energy. Created under Carter to explore ways to eliminate our dependency on foreign oil. Billions are spent under the guise of their purpose. We all know how well this has worked.
FDA. While good in some respects, they too often exceed their authority. Need oversight and legality.

These are just a few. How did this happen? It’s WE…. that is WE THE PEOPLE who let this happen. We have been conditioned into believing the Federal Government can do anything it wants. Well folks, the Federal Government CAN NOT do anything it wants, and it is up to us, WE THE PEOPLE to correct this travesty. We begin at the voting booth, and making sure our representatives in congress know we are watching and that they are on notice.

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Other sites of interest....

Constitution Watch

War on Guns, notes from the resistance

Opencarry.org

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