Texas, Missouri Join Other States Looking To Block Gun Bans

For Immediate Release: Jan. 16, 2013gun_grab

States have opportunity to say ‘No!’ to gun grabs

On the same day President Obama called for a ban on assault weapons and high capacity magazines, a Texas legislator filed a bill asserting, “Not in my state!”

On Wednesday, the Lone Star State joined five other states already considering legislation that would block enforcement federal firearms acts in violation of the Second Amendment.

Texas Rep. John Otto (R-Dayton) announced the filing of HB553 on Wednesday morning. The bill would make it a misdemeanor for any state or federal official to “enforce or attempt to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore.”

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The Original Meaning of an Omission

295_constitutionEditor’s Note: This scholarly study, “The Original Meaning of an Omission: The Tenth Amendment, Popular Sovereignty and “Expressly” Delegated Power,” by Kurt T. Lash, is one of the finest examples of Tenth Amendment research available.

It was published in 2008 in the Notre Dame Law Review, which allows individuals and non-profit institutions to distribute it widely (please see copyright notice on the paper for full details).

Abstract

Today, courts and commentators generally agree that early efforts to strictly limit the federal government to only expressly enumerated powers were decisively rebuffed by Chief Justice John Marshall in McCulloch v. Maryland.

According to Marshall, the fact that the Framers departed from the language of the Articles of Confederation and omitted the term €œexpressly€ suggested that they intended Congress to have a broad array of implied as well as expressly delegated powers.

As Supreme Court Justice Joseph Story later wrote, any attempt to read the Tenth

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