Thursday, June 26, 2008

The Supreme Court versus the Constitution

Today the Supreme Court of the United States interpreted the Constitution for the United States by overturning the District of Columbia's ban on handguns, and affirmed that an individual has the Right to own and bear arms.

I have a number of concerns with the Supreme Court's decision: One, I thought the Constitution for the United States was intended for the federal government, not state governments (they have their own constitutions), or even city governments (who should be under the jurisdiction of their state's constitution). Two, I thought somewhere in Article I, Section 8, of the Constitution for the United States it says something about Congress having exclusive legislative authority within the ten square miles that makes up our national (federal) seat of government. Three, because of this decision how many pro-gun groups are we now going to have file law suits against states and cities arguing that the 2nd Amendment of the Constitution for the United States now applies to them?

The Constitution for the United States, with the exception of Article IV, applies to the government of the United States, not the states. The states still have Rights whether the federal government likes it or not.

Why is the Supreme Court telling the government of the District of Columbia that it does not have the authority to restrict handguns? Wouldn't that be the responsibility of Congress? If Congress delegates that authority to city officials who then decide to ban handguns, what's the problem? If Congress, having authority under Article I, Section 8, of the US Constitution, delegates their exclusive jurisdiction to a mayor and city council, who use that authority to ban handguns in their city, what's the problem?

Although I'm glad the US Supreme Court listened to a case actually dealing with the US Constitution, and the 2nd Amendment for that matter, I'm concerned with their decision.

The Right of an individual to own and bear arms can not be granted by the Supreme Court, the Congress, the President, or even the Constitution for the United States. Affirming that Right is appreciated but only so far as it means the government of the United States respects the Constitution for the United States and will not infringe of the Rights of the individual. State and city governments should be able to tell those who enter that they are not permitted to bring in certain handguns. If I don't like their restrictions on certain handguns then I have 49 other states to choose from. This Right to bear arms is founded through Nature's Law and it can not be taken away, only limited, or restricted. Not even the District of Columbia can take the Right away, hence all of the 'criminals' within the District of Columbia who own and bear arms.

These are the political opinions of a Grass Root. For further discussion on this article please go to the Statesman Society.