Occams Razor: The principle states that:
"Entities should not be multiplied unnecessarily." Or
"When you have two competing theories that make exactly the same predictions, the simpler one is the better." or
“If you knock a glass of wine off the table, can you really blame the cat?
The Constitution remains today as it was originally written. Well, not quite true. A couple of Amendments actually did MODIFY, while not completely changing a couple of different articles. More on this later.
Looking at the Constitution with regards to ANY Federal law regarding marriage, and any Federal law regarding firearms we soon find what is constitutional and what is not. We will get to the states shortly.
Now viewing the Constitution through Occam’s Razor, we are addressing the Constitution as written, and NOT how some Supreme Court interpreters it. In ANY interpretation, one needs to consider the dictionary in use at the time the Founders wrote the Constitution. The meaning of words change over time. As a case in point, for those of us old enough to remember, “gay” was happy, a fun time. Today, well we know what the word means now. Make no mistake. Not all Supreme Court decisions are Constitutional. It is ‘We the People’ who hold the ultimate power. That power can be applied at the voting booth, which can effect ANY Supreme Court opinion/decision. A bold statement, but if our elected Congress critters know what’s expected of them, with a NEW LAW, they can also repeal any old law thus rendering any Supreme Court decision null and void. This has been done several times to render a Supreme Court decision irrelevant.
Just where, within the Constitution, is the Federal government granted the power to legislate marriage. Oops, we have a Supreme Court decision on that.....mainly the Defense of Marriage Act. Can ANYONE state how this decision was Constitutional?
Federal Firearms laws.
Since firearms, or for that matter ‘arms’ are not addressed in Article 1 § 8 of the Constitution, it stands to reason certainly, FOR NOW the Federal government (Congress) does NOT have the power to legislate firearms in any way without abusing the Constitution. The fact that they have abused the Constitution, you can thank the Supreme Court, as well as “We the People”. We look to the Supreme Court to fulfill their Constitutional mandates (as written) but as we have seen, they too have violated their Oath of Office. We, the People, just stood by and let them get away with it.
Simplistically, we really need to start with Article 6, which basically states the Constitution is the Supreme Law of the Land. The “in pursueance thereof” wording has been well dealt with on numerous occasions. .
Clearly, via ANY clause under the Enumerated Powers granted to Congress in Article 1 § 8 , not only does the Federal government NOT have ANY Constitutional power legislate firearms, but neither do the States.
A bold statement for sure.
Let’s go back to Article 6....The supreme law of the land. Interesting Article, which is dismissed unless to serves an agenda. Well, agendas work both ways Constitutionally.
So far, you may have noticed that the 2nd Amendment has not been mentioned. So Constitutionally, it is meaningless, until it comes to the State. (0ops). It is VERY relevant to the States.
It has been proven that Federally, Congress, Constitutionally, has no power to legislate firearms/arms. This means you could own the latest in a MILITARY TANK, along with ALL of it’s firepower, Constitutionally. The fact that all of those Tanks are under government control is irrelevant. If you had the purchasing power to acquire, as maybe an arms dealer, Constitutionally, you could own one.
Now, we need to deal with the States on a Constitutional level.
There are several restrictions applied to the states under Article 1 § 10. So, the fact that firearms are NOT mentioned in either Article 1 § 8 or § 10 the states have chosen the 10th Amendment to legislate firearms. To put it politely, the 10th Amendment DOES NOT NEGATE the 2nd Amendment.
So, if one applies the logic of the above, when you think about it, ALL federal AND state laws regarding firearms are Unconstitutional. By the same logic, all federal laws regarding marriage are unconstitutional while with the states, marriage laws are constitutional.
That said, over the years, more and more States are beginning to recognized this and either have, or are in the process of amending their laws. There are also numerous states that either have passed laws, or are in the process of passing laws that leads to nullification. And of course, Attorney General Eric Holder has threatened to sue several states. If Holder was on solid Constitutional ground, he would have followed through on his threat.
In a nutshell:
Article 6 states the Constitution is the Supreme Law of the Land. The “in pursueance thereof” phrase refers to the Enumerated powers as stated in Article 1 § 8 and has been covered before.
Article 1 § 8 lists the powers we the people have granted the federal government. If a power is not listed, then the federal government does NOT have that power.
The 2nd Amendment is part of the constitution and has always, regardless of some Supreme Court decision, been incorporated to the states via the pathway of Article 6.