Defending State Sovereignty, promoting the Tenth Amendment, Nullification and Interposition against unconstitutional actions by the federal government.
North Carolina Representative Michael Speciale has introduced a Resolution in support of the Second Amendment and in just a few days it has already gained 24 co-sponsors with more I am sure waiting in the wings.
H 63 reaffirms North Carolina commitment to the Second Amendment’s “right to keep and bear arms” as protected by the US and North Carolina Constitutions. The text of the resolution simply states that it is:
“ Whereas, the Second Amendment to the Constitution of the United States provides: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”; and
Whereas, Section 30 of Article I of the Constitution of the State of North Carolina provides: “A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.”
This resolution, further states that the “United States Supreme Court has twice upheld the Second Amendment as applying to an individual’s right to keep and bear arms in District of Columbia v. Heller and McDonald v. City of Chicago”. And that passed legislation and proposed new legislation to limit our right to “keep and bear arms” has not shown it works and is nothing more than an infringement on our rights as stated below:
“Whereas, the President and Vice-President of the United States have proposed adopting laws, regulations, or actions that would have the effect of infringing on the right of Americans to keep and bear arms; and
Whereas, in the past, reasons offered in support of these infringements such as registering guns, banning certain kinds of weapons and accessories, requiring extreme background checks, and restricting concealed carry permits have not been shown by the substantial weight of scientific evidence to have been effective in accomplishing the stated objectives of such restrictions as compelling necessities for government action to protect the public safety…”
Finally, that on passage of this resolution that it be transmitted to the States Congressional delegation so that they would hopefully act in accordance with the wishes of the North Carolina State Houses wishes as affirming their support of the Second Amendment.
This is a good resolution as far as it goes but will be wholly inadequate in the protection of our US and North Carolina State Constitutional guarantees of the people’s “right to keep and bear arms.” I would suggest that one or all these sponsors propose one of many versions of Second Amendment bills introduced in other states in just the past few weeks; see our legislative tracking page for the Second Amendment.
With almost 2800 petition signatures supporting the North Tenth Amendment Centers proposed Second Amendment Preservation Act legislation for North Carolina I think that it would be a good bill to demonstrate to the federal government that the Constitution does not give them the authority to violate the Second Amendment and by extension the North Carolina Constitution.
ACTION ITEMS
If you live in North Carolina, contact your state legislator. Let him or her know of your concern over federal actions to take away your 2nd Amendment rights and that you expect support of this resolution. And that you also want their support for even stronger legislation to block proposed Executive Orders and Congressional actions. Click here for contact information.
If you live outside of North Carolina, still contact your state legislator. Inform him or her that you hope similar legislation will be introduced in your state.
Please contact these Representatives and thank them for their support of this resolution and ask them to sponsor the proposed Second Amendment Preservation Act :
Arp; J. Bell; R. Brawley; Bumgardner; Cleveland; Ford; Iler; Jones; Jordan; Martin; McElraft; McNeill; Pittman; Presnell; Riddell; Saine; Schaffer; Setzer; Shepard; Starnes; Steinburg; Stone; Warren; Whitmire
William Kennedy [send him email] is the State Director for the North Carolina Tenth Amendment Center. A strong supporter of the Constitution, Declaration of Independence and the Bill of Rights with special emphasis on State Sovereignty protected by the Tenth Amendment.
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I contacted our Governor about this…he failed to answer.
The Supremacy Clause clarifies that above all else—above state law, federal laws and the state constitutions—is the Constitution of the United States. The basis of Congress’s powers is the constitutional enumeration of powers, not the Supremacy Clause. Thus, for an explicitly preemptive statute to be constitutional, it must be “necessary and proper for carrying into Execution” some enumerated federal power, subject, of course, to the constitutional limits of the Necessary and Proper Clause itself. There is a textual distinction in the clause between laws “made in pursuance [of the Constitution]” and treaties “made under the authority of the United States.” See State of Missouri v. Holland (1920).
Here is what the founders said, concerning the Supremacy Clause:
“…when Congress passes a law consistent with the Constitution, it is to be binding on the people…The question, then, under this clause, will always be whether congress has exceeded its authority.” – James Iredell, North Carolina Ratifying Convention
“[ Federal law] can be supreme only in cases consistent with the powers specially granted, and not in usurpations.” – William R. Davie, North Carolina Ratifying Convention
“[Federal] law not warranted by any of the enumerated powers” would constitute “an infringement of the Constitution.” – John Marshall, Virginia State Ratifying Convention
“…the Congress have the power of making laws upon any subject over which the proposed plan gives them a jurisdiction, and that those laws thus made in pursuance of the Constitution, shall be binding upon the States.” – Chief Justice McKean, Pennsylvania Ratifying Convention
“laws…made in pursuance of the Constitution strengthen the principle that a law repugnant to the Constitution is void.” – Chief Justice McKean, Marbury v. Madison
“The nullity of any act inconsistent with the Constitution, is produced by the declaration that the Constitution is the supreme law.” – Chief Justice McKean, Gibbons v. Ogden
“This balance between the National and State governments…is of the utmost importance…It forms a double security to the people.” – Alexander Hamilton, New York Ratifying Convention
Alexander Hamilton assured them that each government [federal and state] was supreme in its sphere. He wrote in Federalist #33 “[federal laws] which are not pursuant to its constitutional powers, but which are invasions of the residuary authorities” of the States [will be] acts of usurpation [not] the supreme law of the land”. It is the duty of the State governments, as parties to the compact, to protect the citizens from encroachments and oppression, by refusing obedience to unconstitutional actions. If we the people created the Constitution, then it is up to we the people to enforce it. Remember, a government without limits is tyranny.
I am also sure that men who fought with sticks and rocks never imagined the destructive power of men armed with “muskets of mass destruction”. A .22 caliber pistol with enough 10 round clips can be very destructive if in the hands of the wrong person. The very person I will stay armed to protect myself and my family against. This is my position.