Neither Judge's Decisions, Nor Legislative Decrees are the Law of the Land Unless They Agree with the Constitution

An interesting argument was made by columnist Deroy Murdock at Gunblog.Online entitled Does the Government Have a Subrogatable Right to Regulate Us? The argument, which Murdock answers in the negative, is general, but his example deals with gun rights.

  The general misconception is that any statue passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for a law which violates the Constitution to be valid. This is succinctly stated as follows: "All law which are repugnant to the Constitution are null and void." Mardbury vs. Madison, 5 us (2 cranch) 137, 174, 176 (1803) "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Arizona, 384 US 436 p. 491. “…the right of the people to keep and bear Arms, shall not be infringed.” These simple words set a clear standard on the governments inability to infringe on our right to own firearms.

  The right existed prior to the formation of the government and was in no way granted to the people by the government. As such, the Second Amendment is a restriction on the government and is not in any form a privilege granted to the people. The Supreme Court ruled in Mardbury vs Madison that “No provision of the Constitution is designed to be without effect,” “Anything that is in conflict is null and void of law." As such, any control or restriction placed over a particular firearm is an Infringement on the people. Anything that prevents citizens from purchasing a firearm or requires them to turn in their weapons goes directly against the Second Amendment. Further, current laws involving a permit or license to purchase, possess or carry are unconstitutional. This was made clear by Murdock vs. Pennsylvania: "A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution…No state may convert any secured liberty into a privilege and issue a license and a fee for it.” The Second Amendment is very much a secured liberty.

Mr. Murdock makes a powerful argument, and, one suspects, if he were writing in the 19th century, he would find much agreement in any court in the land, including the Supreme Court. That was then, this is now. The Constitutional ignorance which reins among the population as a whole permits the government to get away with such Unconstitutional acts.  And that ignorance is deliberate.  Leftists have taken positions in the academy that allows them to influence the teaching of American history and our Constitutional rights.  If we want to reclaim our rights, we must take the time to learn the true nature of our Constitution, and teach it to our children.

As a start, go read the linked article.