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The Constitution defines 4 types of powers. Powers that are granted by the Constitution to the government (for example, Congress ability to pass law). Powers
by DefaultUserHN 10y ago
The Constitution defines 4 types of powers.
Powers that are granted by the Constitution to the government (for example, Congress ability to pass law).
Powers that are implied to be given to the government (for example, the President's cabinet).
Powers that are left out and to be decided by the states and the people at a later time (for example, any new laws that are not in conflict with the Constitution).
And finally, powers that are DENIED to the government (these are powers the government must NEVER have).
Now, let's read the 2nd Amendment: ...the right of the people to keep and bear arms shall not be infringed.
>shall not be infringed
In other words, the Constitution specifically DENIED the government the power to regulate arms. The government does not have that power. The government was NOT given that power.
- hackuser 10y agoIf it seems that cut and dry, the argument is missing many things. One thing to consider is that nothing is a literal absolute in the law; it's not an algorithm. For example, nobody denies the government's right to regulate arms as far as background checks, denying them to criminals, and until very recent history, much more stringent bans on possession - until recently, centuries of American jurists interpreted the law differently, and many still do; were/are they all illiterate? So easily dismissed by online amateurs? Also, government can outlaw advanced arms such as anti-tank and anti-aircraft weapons, and fully automatic weapons. The government also can't regulate speech according to the text - except that it can: Dangerous speech (shouting fire in a crowded, dark movie theater where there is none, or inciting someone to murder), false commercial speech (lying in your ads), slander, etc. are all illegal.