Posts in "the smoking argus"

Creighton Harrington's picture
By Creighton Harrington at 7:04PM

The Chicago Gun Ban Quagmire

There was a video posted by Jack Hunter called "Gunning Down the Constitution" that comments on what the outcome of the Supreme Court's decision on the Chicago gun ban would entail for the concept of states' rights.

Hunter's argument is essentially that the Bill of Rights are amendments to the federal constitution and thus inapplicable to the states.  So, if Chicago/Illinois wants to ban guns, while it may go against the the 2nd Amendment to the US Constitution, it does not go against the law of the state of Illinois (at least by ruling of Illinois courts).  Therefore, while it may be illegal for the federal government to ban guns, it is not illegal for Illinois to ban guns in Illinois.

The danger Hunter presents is that if the Supreme Court declares the gun ban of Illinois illegal, it means that the 9th and 10th amendments become null because the federal government is dictating what a state government can make law (outside of the enumerated powers of the federal government in the Constitution).  The Bill of Rights prohibits what the federal government may make law, but does not prohibit what the state government may make  a law.


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