Sunday, November 22, 2009

NRA Files Brief in McDonald v. City of Chicago

I just received the following e-mail from the National Rifle Association. The NRA "asks the US to apply the Second Amendment to state and local governments". There is a natural right to bear arms. The Second Amendment not only guarantees the right but establishes a responsibility of all Americans to bear arms in order to secure a free state. The Second Amendment says:

"A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

The people have the right to bear arms, but they also have an obligation to participate in a well regulated militia in order to do the necessary work of keeping the state free. The people can only do this by owning a gun capable of resisting tyranny by the state and federal governments. All Americans ought to own weapons capable of resisting military attack.

I disagree with the NRA that the Constitution ought to be applied to the states. I understand that they are focusing on the right to bear arms, and God bless them. But centralization and the federal government's threat to state sovereignty equals the government's threat to eliminate citizens' freedom and their ability to resist the federal government's authoritarian state violence. Both federalism and the right to bear arms are important.

>On November 16, the NRA filed its brief with the U.S. Supreme Court as Respondent in Support of Petitioner in McDonald v. City of Chicago. The NRA brief asks the U.S. Supreme Court to hold that the Second Amendment applies to state and local governments through the Fourteenth Amendment.

>The McDonald case is one of several that were filed immediately after last year's decision in District of Columbia v. Heller, in which the Court upheld the Second Amendment as an individual right and struck down Washington, D.C.'s ban on handgun possession, as well as the capital city's ban on keeping loaded, operable firearms for self-defense in the home.

>The follow-up cases were filed by NRA and other organizations against Chicago and several of its suburbs. Each of these suits was aimed at the same goal: establishing that the Second Amendment applies to state and local governments as well as the federal government.

No comments: