CQ TODAY MIDDAY UPDATE
Sept. 25, 2008 – 12:44 p.m.
Senate Democrats Block Rollback of D.C. Gun Laws
Senate Democrats objected Thursday to an attempt by Kay Bailey Hutchinson, R-Texas, to take up House-passed legislation that would roll back District of Columbia gun laws.
Majority Whip Richard J. Durbin , D-Ill., objected, calling the bill an attempt “take away the authority” of the city to write its own gun laws.
Hutchinson said it is “the prerogative of Congress” to make laws affecting the District.
Gun-rights advocates say the District government is not abiding by a Supreme Court decision in District of Columbia v. Heller that voided the city’s handgun ban in June. The D.C. City Council promulgated temporary laws in July, and another set of temporary laws Sept. 16. City officials are working on permanent ones.
Durbin said he was acting on behalf of 11 Democratic senators who signed a letter expressing concern “about proceeding to this bill without hearing from local and federal law enforcement officials and other interested parties.”
The senators who signed the letter include Hillary Rodham Clinton of New York and Dianne Feinstein of California, who had vowed to filibuster the measure after the House passed it 266-152 on Sept. 17.
Hutchinson and 46 other senators wrote a letter on Sept. 18 to Majority Leader Harry Reid , D-Nev., asking for floor time for the measure before the end of the 110th Congress.
Comments
The Constitution means nothing to many of our legislators. ...concern "about proceeding to this bill without hearing from local and federal law enforcement officials and other interested parties." Other interested parties? Like maybe the citizens? Like maybe Dick Heller? Durbin is, and always will be, a freaking idiot.
If only Congresscritters could read. The Article I, Section 8, paragraph 17 of the Constitution delegate "exclusive" (no other government entity can pass) legislative authority in DC to Congress. Congress cannot delegate this authority 1) because Congress cannot legitimately redelegate that which the People first delegated and 2) because delegation of the authority to any other governmental entity directly violates exclusivity. Congress cannot grant home rule to the DC council again because any legistive activity by the DC council would violate the "exclusive legislation" delegation of the Constitution. "Exclusive" does not mean exlcusive of the Constitution because without the Constitution the power does not exist. The gun laws and ALL laws passed by the DC councils are not legal and not binding on the residents of DC or anyone else for that matter. The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment, and not merely from the date of the decision so branding it. No one is bound to obey an unconstitutional law, and no courts are bound to enforce it. -- 16 Am Jur 2d, Sec 177 late 2d, Sec 256 Only those ignorant of the Constitution believe otherwise.
The disparity between the House and the Senate responses makes it quite clear that much of this is an election-year ploy by the Democratics to get a pro-gun vote by Dems in before Nov. 8. Otherwise the House and Senate would not be that far apart.
this is no big surprise,there are alot of anti-gun dems in the congress and senate that for some reason want the people of america disarmed ,i guess they pick and chose what parts of the constitution they like and to heck with anything that doesnt fit there socialist commie ideas,all i can say is they better get ready to do battle with a large citizen army when they come confiscating,this is still america and we have a constitution and a god given right to defend our lives,so you commies ,love it or leave it.
Amen to that Edward Satterfield. Gun control isn't about crime it's about tyranny.I will never surrender my arms!
"Majority Whip Richard J. Durbin , D-Ill., objected, calling the bill an attempt "take away the authority" of the city to write its own gun laws." Of course it is. In fact when you consider the Second Amendment and the Tenth Amendment together, NO city, state or county has ANY authority to infringe the citizens' right to keep and bear arms. For that matter, neither does the Federal government. To the contrary, the Federal government has an affirmative duty to defend this right just as it defends all other civil rights. Sen. Durbin took an oath to defend the Constitution when he took office. If he does not intend to do so, he should go home and let someone who believes in personal liberty take his place.
While state's rights are important there are issues that supercede what the states want to do. Remember the civil war? We decided as a nation that we would not allow slavery even though some states sought to retain that right. Same goes for the right to bear arms as recently reafirmed by the Supreme Court. If DC won't comply with the Supreme Court standard then federal law must be established.
I agree with Mark Helt, I will NOT give up my guns! The Second Amendment was designed to keep our government in check. It appears to me that we may have to use our guns to take our government back. Vote these tyrants out of office!! When the second amendment says (SHALL NOT BE INFRINGED) this means you CAN"T write laws that infringe on the second amendment!!!!
Mark and Carl are right. But when we have judges that can't see that the word "people" means the same thing in the second ammendment that it means in the first we are in trouble. I hope that it never comes to confrontation. We fought socialism befor and it seems that we will have to again.
After seeing a crack smoking, hooker chasing mayor on videotape, a police force so poorly run that the officers had to buy tires for their squad cars with their own funds, and now an obvious ploy to comply with a Supereme Court ruling by avoiding compliance, I believe it is time for Congress to admit that the experiment with home rule in DC has been an utter failure.
Gun laws for dc yes. Next take the mandated responsibility of auditing the FED. What are the odds?? Americans are a dumb lot.
...GUN CONTROL...it has NOTHING to do with guns and EVERYTHING to do with control...
How did Senators McCain and Obama vote on the DC bill?
A few of the previous comments, such as Sam Mosin's, demonstrate a lack of understanding about the Bill of Rights. The Federal government is prohibited from infringing on arms possession of citizens of various states (within the militia related purposes). It does NOT apply to the states or cities, excluding Federal lands such as DC. A city or state is free to restrict or ban weapons as it chooses. While some Amendments, such as the 4th, 5th, and 14th have been applied to the states, the 2nd never has. So if you want to support permissive gun laws, fine. Just don't take a sentence from the Constitution out of context to try to achieve that.
I would like to see the Supream Court summons all that voted against this, cite them for contempt of court and incarcerate them for about a week just to let them know who they work for.
I seem to remember Hillary Clinton saying that she supported the Second Amendment and Individual rights to bear arms during the Democratic Primaries. Now that she is out of the running for President, the Hillary of old shows back up and votes against gun owners and the Constitution just like she has always done in the past. She is nothing more than a Bald Face Liar. Barack Obama says that he also supports the Second Amendment and Individual right to bear arms, but yet his record is a mirror image of Hillary's. If elected President, He will do everything he can to do away with our Constitutional Right to Bear Arms. He is the same Bald Face Liar that Hillary is. These Left Wing Liberal Commies will say or do anything to get elected. God help us.
I truly believe that these are acts of treason and these people should be held accountable for those acts. Where in the heck do they think they can just rewrite the constitution at their whim. I agree with James Vetzel, except, I thik they should spend a lot more time in jail! The only way we cann stop this get them out of office. Also calling their offices and letting them know what we think!
oh yeah..big brave NRA weenies... we all saw how the NRA fought to the death to keep their guns in New Orleans...the cops and NG..went from door to door collecting gun...any problems and they were arrested and hauled away in handcuffs and then their gun were taken anyway big heros? big cowards.
It has always been my impression that the decisions of the U.S. Supreme Court is the law of the land and no other law can over ride it. We must take our government back from those who have opposite opinions to the contrary. Vote them all out of office. I for one will never give up my right to bear arms. These politicians must be me to realize that they just can't obey laws from the Supreme Court that suit their purpose.
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