With regards to gun control, we have heard the imaginative legal theory that the right to bear arms in the U.S. Constitution applies to the state militia, but not to the individual.

Article I, Section 21 of the Constitution of the Commonwealth of Pennsylvania says,

The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

And the Second Amendment to the U.S. Constitution says,

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.

So here is my question. If Pennsylvania’s Constitution prohibits the State from questioning the right of individual citizens to bear arms, how can it possibly be imagined that the State could have delegated that power to the federal government? Can the state delegate a power which it doesn’t possess?

Steve Palmer

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.