by Bruce Eden
What everyone is overlooking with all of these anti-Second Amendment laws being rammed through at the Federal level and State legislatures, is that the Second Amendment cannot be overturned by mere laws within the States. Amendments can only be overturned or repealed through the Amendment process of the United States Constitution, Article V, supported by the Constitution’s Supremacy Clause, Article VI, Section 2, which says that the Constitution is the Supreme Law of the Land.
All of the clamoring by State legislatures to be the “first” or “best” at gun control/gun ban is nothing more than posturing. All of these laws can and will be struck down as being null and void for being unconstitutional. The United States Supreme Court ruled in two recent landmark Second Amendment cases, District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. Chicago, 561 U.S. 3025 (2010) that individuals have the “right to keep and bear arms”, and in McDonald specifically, this is the landmark decision that determined whether the Second Amendment applies to the individual states. The Court held that the right of an individual to “keep and bear arms” protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to ALL of the states.
Now that we have legislative chaos and mayhem going on in New York State, New Jersey, Colorado, Missouri, Michigan, Minnesota and a few other states where Democrat-Marxists are trying to implement draconian, Nazi-style gun laws adopted from the 1938 Nazi Weapons Law, those laws will be nullified as unconstitutional based on the McDonald decision incorporating the Second Amendment into the States. Because of this decision, no state can pass any anti-Second Amendment gun control/gun ban/ammo control/ban laws.
As stated above, the Second Amendment can only be changed (INFRINGED upon) by the Amendment Process of Article V of the Constitution. No state, or the Federal Government, has the right anymore to INFRINGE upon the Second Amendment. Any legislator who believes otherwise will find himself or herself in the precarious position of being in Treason and Sedition. The Supreme Court of the United States (SCOTUS) has stated that:
“No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.”.
Chief Justice Marshall spoke for a unanimous Court in saying that: “If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery . . . .” United States v. Peters, 5 Cranch 115, 136. A Governor who asserts a 19*19 power to nullify a federal court order is similarly restrained. If he had such power, said Chief Justice Hughes, in 1932, also for a unanimous Court, “it is manifest that the fiat of a state Governor, and not the Constitution of the United States, would be the supreme law of the land; that the restrictions of the Federal Constitution upon the exercise of state power would be but impotent phrases . . . .” Sterling v. Constantin, 287 U. S. 378, 397-398.
Cooper v. Aaron, 358 U.S. 1, 19, 78 S.Ct. 1401 (1958).