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The
Below Comments Relate to this Newslink:
14th Amendment gives Congress power to pass concealed carry reciprocity
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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The House of Representatives recently passed the Concealed Carry Reciprocity Act of 2017 with bipartisan support. The act would allow people eligible to carry a concealed firearm in their home state to carry in other states, as well.
Opponents contend the act violates federalism. Actually, the act is well within congressional powers under the 14th Amendment. That amendment was enacted specifically to give Congress the power to act against state infringements of national civil rights.
Section one of the 14th Amendment forbids states to violate civil rights. Section five of the amendment grants Congress "the power to enforce, by appropriate legislation, the provisions of this article." |
| Comment by:
xqqme
(1/18/2018)
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It's not just the 14th Amendment that gives that Power to Congress. Article IV, Section 1 clearly states:
"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
The problem is that the Courts haven't held up their part of "Full Faith and Credit". Why? Maybe because Congress hasn't gotten around to "prescribing the manner" yet.
However, if my State says "yes", and issues the permit, the Constitution says the other States must honor. It doesn't say the others get to wait for Congress to act. |
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| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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