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Old 12-19-2012, 07:08 PM   #125
Atlanta Dan
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Default Re: Connecticut school shooting

Quote:
Originally Posted by SCMom View Post
Do you think the US has a right to allow the UN to impose gun regulations on our country? Or should we be allowed to decide those laws for ourselves?
The U.S. has a right to enter into a treaty that might include restrictions on some practice but can pretty much elect to ignore whatever the UN or any nation regards as a best practice - power does flow from the barrel of a gun - the U.S. still has the biggest gun and can respond to just aboiut anything propsoed by the UN or another natioon by saying thanks for the suggestion and get lost. And even a treaty cannot justify a practice that is unconstitutional.

Quote:
Originally Posted by SCMom View Post
My answer would be that I don't think the federal gov't should be allowed to determine laws for all states (minus slavery laws, etc.). I see gun laws like I see drug or abortion laws. I don't think the federal gov't should have a say in it. The 10th amendment allows states to make their own laws that are not superseded by federal laws. So obviously I don't think the UN should be allowed to determine out gun laws.
As you note, he 10th Amendment needs to interact with the powers granted the federal government under the Constitution, one of the most sweeping of which is the power to regulate whatever migkt be defined as "interstate" commerce under the Commerce Clause (a big issue in the Obamacare Supreme Court decision). Of course just because some law is constitutional does not mean it is good public policy - as the saying goes that is why elections matter

IMO the tussle in gun regulation will not be under the Commerce Clause or the 10th Amenmdnt - sales of guns & ammo pretty clearly enter intersate commerce. It will be what bans or regulations of guns and ammo do not run afoul of the 2nd Amendment under teh ratioanle of the Heller v. District of Columbia decision in which the Supreme Court held an absolaute ban on handguns in DC violated the 2nd Amendment but noted not all regulations of firearms are unconstitutional
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