{"id":80775,"date":"2022-05-05T12:08:49","date_gmt":"2022-05-05T17:08:49","guid":{"rendered":"https:\/\/milesfortis.com\/?p=80775"},"modified":"2022-05-05T12:08:49","modified_gmt":"2022-05-05T17:08:49","slug":"80775","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=80775","title":{"rendered":""},"content":{"rendered":"

FPC responds to Duke Center for Firearms Law article on test courts should use on Second Amendment cases<\/a><\/p>\n

A rebuttal in response to criticism of a scholarly paper authored by FPC Action Foundation director of constitutional studies, Joseph Greenlee, was published today by the Duke Center for Firearms Law. In its April 27 article, \u201cGhost Guns, History, and the Second Amendment,\u201d the Duke Center called into question an argument Greenlee makes in \u201cThe American Tradition of Self-made Arms<\/a>\u201d defending the test of text as informed by history and tradition (THT) as being the correct methodology for Second Amendment jurisprudence.<\/p>\n

The Duke Center criticizes THT for “transform[ing] nonregulation into a right,” suggesting that history is only useful in Second Amendment analyses if it proves that “a past practice was protected as a right, not simply that it existed without regulation.”\u00a0This loose constructionist\u2019s view of the Constitution\u2019s explicit placement of limits on governmental power has it backwards.\u00a0The People\u00a0<\/em>don\u2019t need to prove their enumerated Constitutional rights are protected; it is incumbent on the government to prove it has the authority to regulate or restrict the rights of\u00a0the People<\/em>. This is why history and tradition matter. <\/strong><\/p>\n

<\/p>\n

As Greenlee\u2019s rebuttal compellingly states:\u00a0<\/strong><\/p>\n

Placing the burden on the people to prove the existence of their constitutional rights fails to appreciate the nature of the United States government. As James Wilson\u00a0famously declared<\/a>\u00a0while discussing a bill of rights during the constitutional debates, \u201cthe congressional authority is to be collected, not from tacit implication, but from the positive grant expressed in the instrument of union. Hence it is evident, that . . . every thing which is not given, is reserved.\u201d Presumptions favor liberty, not governmental authority.<\/p>\n

The only test appropriate to determine the constitutionality of any and all government attempts to infringe on the natural rights of\u00a0the People<\/em>\u00a0is that of the text of the U.S. Constitution as informed by the history and tradition of our nation. Not only was THT correctly applied by the Supreme Court in its\u00a0Heller<\/em>\u00a0and\u00a0McDonald<\/em>\u00a0decisions, but it is the correct test for\u00a0NYSRPA v. Bruen<\/em>\u00a0and all future Second Amendment cases as well.<\/p>\n

Joseph Greenlee\u2019s\u00a0full rebuttal<\/a>\u00a0can be read on Duke Center for Firearms Law\u2019s website.<\/p>\n","protected":false},"excerpt":{"rendered":"

FPC responds to Duke Center for Firearms Law article on test courts should use on Second Amendment cases A rebuttal in response to criticism of a scholarly paper authored by FPC Action Foundation director of constitutional studies, Joseph Greenlee, was published today by the Duke Center for Firearms Law. In its April 27 article, \u201cGhost … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-80775","post","type-post","status-publish","format-standard","hentry","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/80775","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=80775"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/80775\/revisions"}],"predecessor-version":[{"id":80776,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/80775\/revisions\/80776"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=80775"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=80775"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=80775"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}