Whenever an anti-gun law is passed by any state, our collective reflex is rightfully to want to challenge the constitutionality of the law in court to get it struck down. "Take it to the Supreme Court!", we shout. One thing at a time; first we have to take it to a District Court, but you get the idea.
But if anyone mentions Congress passing a federal law that nullifies state gun control laws, the collective reflex is to say, "but muh States' Rights!" Well, which is it?
Do you support the federal government fighting unconstitutional state laws that violate your fundamental rights, or not?
Why do we only believe that one un-elected branch of the federal government can or should protect and guarantee our rights from State infringements, and use their federal power to fight State laws, but an elected branch of the federal government can't or shouldn't?
The federal courts are just as much of the federal government as Congress. While their constitutionally delegated duties are different, the goal is the same: to protect the rights and liberties of the people.
A State does not have the 10th Amendment guarantee of "States' Rights" to deny people their fundamental rights. The 14th Amendment guarantees and gives the federal government the authority and power to ensure States do not deny fundamental rights. This includes Congress, not just the courts.
To be clear, the 14A does not negate the 10A; it simply ensures a State doesn't overstep their power. Checks and balances, remember?
Also, Article VI, Clause 2 of the U.S. Constitution, otherwise known as “The Supremacy Clause”, states that the Constitution and federal laws made pursuant to it preempt and are supreme to state laws.
Can Congress overstep and impose federal anti-gun laws? Yes, and they obviously have. Can Federal Courts not rule in favor of our fundamental rights? Yes, and they obviously have. We just need to use any and all Constitutional means available to us when we have them to guarantee our rights when we can.
If you support the Federal Courts overturning your State's gun control laws, then you should support the Federal Legislature doing the same using their Constitutionally delegated powers.
Contact your US Representative, especially if they are pro gun rights from a restrictive state, and tell them to introduce or support a federal preemption bill to restore the rights and liberties that states have denied.
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