Gun Control in Chicago and State’s Rights

Posted by admin | Uncategorized | Sunday 9 August 2009 6:00 pm

guncontrolThis morning a was reading Reason Magazine and an article about a recent decision by a Chicago judge that suggests that states rights should override the Constitution in matters of gun control.

He argues, “Federalism is an older and more deeply rooted tradition than is a right to carry any particular kind of weapon.”

The brief then adds, “The States thus have, and should continue to have, the greatest flexibility to create and enforce firearms policy, including the ban of particular types of weapons that have proven to be highly dangerous in a particular location. Indeed, the power to regulate according to the needs of varying local conditions is a hallmark of federalism that is as much a part of the constitutional design as the individual rights provisions of the Bill of Rights…. Firearms regulation is a quintessential issue on which state and local governments can “serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”

As a fan and supporter of State’s Rights, this point makes some sense. However, I would have to agree with the larger issue writer, Damon W. Root, makes. The 14th Amendment was created to prevent states from preventing individual liberties such as restricting free speech, enforcing religious beliefs, or reversing the right to bare arms.

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