Congress amicus for McDonald v. Chicago: The untold story
On November 23, 2009, 251 Representatives signed a McDonald v. Chicago brief, asking the Supreme Court to incorporate the Second Amendment right to “keep and bear arms” under the Fourteenth Amendment, thereby restricting a municipality’s ability to enact local gun control laws.












Comments
"King believes, for example, that the American Civil Liberties Union will support McDonald because it may result in favorable precedent for future cases of their own."
I had suspected the same, but we were both wrong on that account. All the amici in support of McDonald have been filed ... and ACLU was not among them.
As a side note to federal gun laws, I'm going to keep asking the following question until I get a reasonable answer for it.
First, forget the 2nd Amendment. What I want to know is this. Given any powers that the federal government exercises must be based on constitutionally express powers, where in the Constitution did the Founders expressly delegate power to Congress to regulate civilian firearms? After all, the 2nd A. is certainly not a delegation of such powers.
Yes, Sec. 8 of Article I has several clauses which clearly give Congress control over military firearms. But so what? Again, where does the Constitution expressly delegate power to Congress to regulate civilian firearms? I don't see it.
You don't see it, because it isn't there.
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