Defenders of the Second Amendment often use federal lawsuits in an attempt to protect their right to keep and bear arms.

This is a really bad strategy.

At its core, the Second Amendment exists as a limit on federal authority. When you sue in federal court, you do so in the hope that the federal government will limit itself.

Remember, federal courts operate as part of the federal government, and federal judges are nothing more than politically connected lawyers drawing federal paychecks. When we keep these facts in mind, it becomes pretty obvious we shouldn’t count on federal courts to limit federal power, and uphold or preserve the Second Amendment.

If you needed proof of this, I direct your attention to the most recent opinion on the Second Amendment handed down by the 9th Circuit Court of Appeals in San Francisco. As NBC put it, in a 7-4 decision, the federal panel held that there is no constitutional right to carry a concealed firearm.

“The protection of the Second Amendment — whatever the scope of that protection may be — simply does not extend to the carrying of concealed firearms in public by members of the general public.”

Before I get the angry emails, I understand the mainstream media frames the issue entirely wrong. The Constitution doesn’t give anybody the right to do anything. It restricts government from infringing on rights we already have – in the case of the Second Amendment, the right to keep and bear arms. So strictly speaking, there it’s true there is no “constitutional right” to conceal carry. (More on that subject HERE.)

But that misses the point. In effect, the 9th Circuit effectively gave government the green-light to infringe on your right to keep and bear arms by making it illegal to conceal carry. It basically just blew a giant hole in the middle of the Second Amendment.

And these are the people many Americans count on to protect their rights.

That brings us to the real point here. Depending on federal judges to properly interpret and apply the Second Amendment is a fool’s game.The bottom line is the federal government will never limit itself. You can never count on it to put your rights above the “needs” of government.

You need a better strategy.

James Madison gave us the blueprint. When the federal government commits unwarrantable acts, the Father of the Constitution didn’t say “file a lawsuit in federal court.” Madison advised a refusal to cooperate with officers of the union. Don’t depend on politically connected lawyers to protect your right to keep and bear arms.

Instead, nullify.


Concordia res parvae crescunt


Small things grow great by concord...

Tenth Amendment Center


"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."


FOLLOW US

Get in Touch

11 + 6 =


MAIL:
PO BOX 13458
Los Angeles, CA 90013


PHONE:
213.935.0553

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.”

LEARN MORE

01

Featured Articles

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

featured articles

02

Tenther Blog and News

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

tenther blog

03

State of the Nullification Movement

108 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

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

path to liberty

02

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

TENTHER ESSENTIALS

Join TAC, Support Liberty!

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

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose – the “Foundation of the Constitution.”

10th Amendment

03

Nullification

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

nullification