Re: Hooray for the 10th Amendment ???

Abraham Moses Genen (
Mon, 30 Jun 1997 21:04:56 -0400

From: Michael Lorrey <>
Subject: POLI: Hooray for the 10th Amendment
Date: Monday, June 30, 1997 3:07 PM

Michael Lorrey stated in part:

Concluding their 1997 term, the Supreme Court Justices ruled 5-4 in
favor of states rights proponents and against the Federal Brady Law.
They ruled that federal law cannot commandeer the resources and time of
state officials without compensation to administer the requirements of
federal regulation. It is a usurpation of states 10th Amendment rights.

Dear Fellow Extropians:

It's usually a mistake to refer to any written decision of any appellate
court (particularly the U.S. Supreme Court) without examining every nuance
of the court's language.

In this particular instance, the court ruled (only in part) that duties
cannot be imposed upon the states without due and appropriate

It is my understanding that the two or three rural sheriffs who brought
this action were primarily funded in their initial litigation and appeals
by the National Rifle Association. I think that most of us can understand
that the leadership of the NRA
would be quite interested in supporting such an action.

The claim that many people are being improperly denied the right to bear
arms seems more than slightly specious. The high court has ruled on this
issue as well in great detail. They have concluded that the right to bear
arms is not absolute and can be regulated by the Federal government, the
States and and political subdivisions thereof.

The need for firearms in our society seem questionable as well in many
The arguements as to the need for self-defense against predators in our
society is best answered by having professionally trained law enforcement
officials in each community.

I'm a bit dubious as to the need of hunters for many of the rapid fire
arms that are readily available as well as the need for handguns. The
collected cumulitive evidence indicates that most people who claim they
need a handgun for self defense are usually incapable of using one under
siuations of stress. They frequently end up shooting other family members
or themselves.

It's possible that the issue of paranoia in our society is entering the
minds of some of you, as well as the numerous psycho-sexual implications
of gun collecting, so I'll let this issue ride while you digest and
consider the bigger picture.

For those who are sceptical about my motives. Yes, I am an occasional
casual hunter. Yes, I use a single shot shotgun or a compound bow when I
hunt. Yes, I've had to use deadly weapons in the distant past. No, I did
not enjoy having to use them. The circumstances under which I was required
to use weapons I'll leave to your fertile imaginings.

A.M. Genen