I got this letter from my friend Ron in Nashville that he sent to Governor Bredesen concerning the Tennessee Firearms Freedom Act just recently passed by both houses. Remember as Ron said, the states created the Federal government, not vice versa. The 2nd amendment is directed at the Federal government and restricts them, not the citizens. I thought the letter was very good and so did Steve. Ron said we could post it, so here it is. Thanks Ron.
Letter to the Govenor Bredesen of Tennessee Re: Firearms Act
Dear Govenor Bredesen,
Thank you for signing most of the bills to support and expand the right of the people for armed self-defense passed in this legislative session. All of them were in accordance with our rights enumerated in Article I, Section 26 of the Tennessee Constitution’s Declaration of Rights. According to the 9th Amendment, “the people” by their governments in the States, can expand upon and enumerate more rights than in the U.S. Bill of Rights; rights which are outside the “delegated powers” of the United States:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. –9th Amendment
I noticed that you allowed the Tennessee Firearms Freedom Act to pass into law without your signature. I thank you for not vetoing it. Some of your reported statements regarding this bill are as follows:
“This bill is not about firearms. It is about a fringe constitutional theory that I believe will be quickly dispensed with by the federal courts.”
“The Tennessee General Assembly lacks the Constitutional authority to limit the power and authority of federal government in this way…”
“…While I share the General Assembly’s commitment to federalism, this legislation contravenes our Constitution. I am allowing it to become law so that it can quickly be dealt with by the federal courts.”
If you rehearse civics history, the United States Government is a creation of the States. The U.S. Constitution is a legal document which grants “delegated powers” to the Federal Government and also added, in the words of the Preamble to the Bill of Rights, ”further restrictive and declarative clauses” in the first ten amendments. That is, “restrictive” of the Federal Government and “declarative” of the rights of the people.
First we have the “delegated powers” regarding the militia:
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the militia,AND FOR GOVERNING SUCH PART OF THEM AS MAY BE EMPLOYED IN THE SERVICE OF THE UNITED STATES, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; -–Article I, Section 8.15-16, U.S. Constitution (EMPHASIS MINE)
Then the 10th Amendment makes it clear that the Federal Government cannot operate beyond the specifically ”delegated powers”. In the case of firearms, the Federal Government only has delegated power to govern the part of the militia that it calls into its service and employs for the reasons specified in Clause 15 of Article I, Section 8.
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. –10th Amendment.
Finally the 2nd Amendment is “declarative” of the right of the people and totally restricts any Federal intervention regarding an armed citizenry by saying “shall not be infringed”. The explanatory sub-ordinate clause opening the sentence makes it clear, along with the 10th Amendment, that any other powers regarding the organized militia is retained by ” a free State”.
A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infirnged. –2nd Amendment
According to an objective reading of the legal contract by which the States established the Federal Government with “delegated powers”, the Tennessee Firearms Freedom Act is completely in accordance. Once again, thank you for allowing this important piece of legislation to pass into law which will hopefully provide an impetus, along with similar bills in other States, to return the U.S. government to its Constitutional constraints.
Sincerely, Ron
Nashville, Tn..
“It would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights… Confidence is everywhere the parent of despotism. Free government is founded in jealousy, and not in confidence. It is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power… Our Constitution has accordingly fixed the limits to which, and no further, our confidence may go… In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” –Thomas Jefferson

