Quote:
Originally Posted by Jim in CT
I'm not missing that point. I am saying that the ability of states to limit gun rights, is clearly subject to the supremacy clause. I cited a recent case where a federal judge struck down a gun ban in DC...if the feds had no authority to subject such state laws to the supremacy clause, the judge would have refused to hear the case. The feds didn't create a law, they struck down a state law that violated the US constitution. You said the feds have no authority to regulate gun restrictions. The court case I posted, seems to indicate otherwise.
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I said: "The Supremacy Clause does not give the federal government a general power to
create laws that abridge freedoms neither in the Bill of Rights, nor among all the inherent rights not listed in The Bill."
The DC law was not struck down by a law created by the federal government. The federal government did not write the Constitution. The federal government did not write the Supremacy Clause. The several States did. The DC law was struck down on the basis of a law that the states wrote--the Constitution. ReelinRod explained very well why the DC law was struck down.
BTW, not that it matters in terms of what is being discussed, do you have some documentation that says Madison or Jefferson actually had a hand in drafting the Univ. of VA ban? What little I've read merely says they attended the meeting. One source specifically said that there is nothing actually linking Madison or Jefferson to the writing of the draft.