Something Feral

Digging up the flower-beds.


Saturday, July 18, 2009

Constitutional Law, with Guanotations

The Bureau of Alcohol, Tobacco, Firearms and Explosives Coercion and Enforcement Syndicate* hands down an edict from on high:
From Tennessee Firearms Association:

The ATF - as expected - has issued a letter in which it disregards the 10th Amendment restrictions on federal power (as seems to be the trend since the late 1930) and has notified Tennessee’s federal firearms dealers that the Tennessee Firearms Freedom Act is meaningless. Essentially, ATF is saying to the state of Tennessee that the 10th Amendment no longer exists.

We expected such from a tyranny that no longer lives within the bounds of its express authority…
Interesting times ahead, folks. Every time the patricians tighten the vise on the citizens, there is an inevitable move towards a grey market, which causes the cycle to begin anew.

I ask again: what part of "the right of the People to keep and bear arms shall not be infringed" is unclear? Furthermore, what makes it an acceptable legal practice to completely ignore the Ninth and Tenth Amendments?

* A new tag has been created.

6 comments:

Elusive Wapiti said...

The Sotomayor nomination has been interesting to me, in that a government that has repeatedly ruled that the first amendment applies to the states but the 2d does not now has to resolve those apparent contradictions.

But resolve them they will, I think, behind emanations and penumbras.

This is a similar situation to the legalization of medical marijuana California and the legalization of physician-assisted suicide in Oregon.

I wonder if Tennessee will have the sac to tell the Feds where they can put their nat'l gun control act and other Federal laws inside the borders of the State of Tennessee?

Jesse said...

Is this the part where Tennessee residents take up arms and revolt, or at least make a show of forceful defiance? At some point some group will have to take a stand, just a matter of when and where. I happen to be in Nashville at the moment so if something exciting is gonna happen 'round these parts then I hope it happens within the next 12 hours.

Something Feral said...

If this is to be believed (and I have little reason not to, considering the infamous reputation of the BATFECES), Montana received a similar letter.

If Maloney makes it to the SCOTUS (one of the three incorporation cases currently being processed), and pending an all-but-certain confirmation of that execrable hag, an interesting time might be had, as she's already ruled on it once; her decision on an appeal will be a foregone conclusion.

As for Tennessee, I do not expect them to suddenly drop a pair of grapefruit and revolt; Montana will be the likely rebel, as they have rattled their sabres about the Heller decision previously. I also suspect that they will draw a confrontation with a non-FFL BATFECES sting, then push to get the right upheld and fully-recognized with applied Heller and whatever the RKBA Incorporation case may be, presuming it passes.

For bonus points, I would love, love to see Wickard v. Filburn overturned; however, the dismal side of my intuition says the FedGov will assert its authority on merit (as always), and rebellion will be brewing.

MikeT said...

This is why I absolutely loathe the vast majority of federal law enforcement. They are jackbooted scum almost without exception down to a man or woman who works for them.

Triton said...

Is this the part where Tennessee residents take up arms and revolt, or at least make a show of forceful defiance?

No.

Americans don't have it in them to do anything like that. Especially us southerners - we're a conquered people, you know. The Late War and Reconstruction broke our spirit.

This is why I absolutely loathe the vast majority of federal law enforcement. They are jackbooted scum almost without exception down to a man or woman who works for them.

And the BAT-men are the worst of the lot. A rogue agency if there ever was one.

Something Feral said...

Oh, I don't know about it being broken... Seriously bruised, perhaps, but even Clint had to get the tar kicked out of him before he laid waste to the bad guys. I'd put Montana and Tennessee up against the FedGov with good odds, and I bet they'll bring friends.

Regardless, resentment of Federal interference is building, and I'm interested to see where it's headed.

And to Hell with the Revenuers!