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Supreme Court upholds federal ban on guns for domestic abusers
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Also see:
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UNITED STATES, PETITIONER v. ZACKEY RAHIMI
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“CHIEF JUSTICE ROBERTS delivered the opinion of the Court. A federal statute prohibits an individual subject to a domestic violence restraining order from possessing a firearm if that order includes a finding that he “represents a credible threat to the physical safety of [an] intimate partner,” or a child of the partner or individual. 18 U. S. C. §922(g)(8). Respondent Zackey Rahimi is subject to such an order. The question is whether this provision may be enforced against him consistent with the Second Amendment.”
Well, to answer ROBERTS question, we must first discover why the Second Amendment was adopted, and to factually answer that question we need to review the pertinent historical evidence as to why the Second Amendment, along with nine other amendments, were presented to the States for their approval. And where do we find the evidence? We find it in the
Resolution of the First Congress Submitting Twelve Amendments to the Constitution; March 4, 1789 which confirms its intent is to preserve federalism, our constitution’s plan.
“THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added”.
So, the very purpose of the Second Amendment was to prohibit the newly created federal government from entering the states and exercising its powers within the various state borders, and preserving federalism, our Constitution’s plan.
Additional evidence confirming this fact is James Madison, speaking with reference to the adoption of these specific amendments, and acknowledging their adoption is to preserve and protect “federalism”, our Constitution’s big-tent system which reserves to the States and people therein, all powers not delegated to Congress. He says:
“It cannot be a secret to the gentlemen in this House, that, notwithstanding the ratification of this system of Government by eleven of the thirteen United States, in some cases unanimously, in others by large majorities; yet still there is a great number of our constituents who are dissatisfied with it; among whom are many respectable for their talents and patriotism, and respectable for the jealousy they have for their liberty, which, though mistaken in its object, is laudable in its motive. There is a great body of the people falling under this description, who at present feel much inclined to join their support to the cause of Federalism” ___See
Madison, June 8th, 1789, Amendments to the Constitution
The bottom line is, the following Supreme Court Justices took it upon themselves to do for the people what the States and people therein, intentionally prohibited when adding the Second Amendment to the Constitution: ROBERTS, ALITO, SOTOMAYOR, KAGAN, GORSUCH, KAVANAUGH, BARRETT, and JACKSON
In addition to removing the Second Amendment from the Constitution, the above Justices also shredded the Tenth Amendment which was aptly summarized by Madison in Federalist Number 45:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
Finally, let us recall a warning found in “The Old Guard”, a monthly journal devoted to the principles of 1776 and 1787, published in pamphlet form in 1862:
"When a free people submit to oppressive acts, passed in violation of their constitution, for a single day, they have thrown down the palladium of their liberty. Submit to despotism for an hour and you concede the principle. John Adams said, in 1775, Nip the shoots of arbitrary power in the bud. It is the only thing a people determined to be free can do. Republics have often failed, and have been succeeded by the most revolting despotisms; and always it was the voice of timidity, cowardice, or false leaders counseling submission, that led to the final downfall of freedom. It was the cowardice and treachery of the Senate of Rome that allowed the usurper to gain power, inch by inch, to overthrow the Republic. The history of the downfall of Republics is the same in all ages. The first inch that is yielded to despotism __ the first blow, dealt at the Constitution, that is not resisted is the beginning of the end of the nations ruin."
JWK
"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law , 1858.