Tag Archives: senate vote

Congress should use constitutional power to force states to honor gun rights

Even if a court were to hold that the Reciprocity Act is not a proper enforcement of the Second Amendment, the Act would still be valid as enforcement of the right to interstate travel.

Moreover, the Reciprocity Act is also supported by the same jurisdictional predicate as many other federal gun control laws: namely, that the firearm in question was once sold or transported in interstate commerce. This is not really consistent with the original meaning of the Interstate Commerce Clause. But if the Reciprocity Act were held to exceed Congress’s commerce powers, then much of the federal Gun Control Act would also be unconstitutional—such as laws that ban a person today from possessing a gun just because the gun was sold in interstate commerce four decades ago.

In short, whether you prefer that the Constitution be interpreted based on modern precedents, or based on original meaning, Congress has the discretion to pass the Reciprocity Act.

FK – So sad that our natural born rights have been buried under centuries of legalese while we lack the men to do what we so desperately need to do.

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