When we are dealing with political “stuff”, there are three different things at play.
Rights. A right pre-exists us. Everybody has the right to be armed. Everybody has the right to speak freely. Everybody has the right to seek happiness. These rights are endowed by their Creator
Authority. Authority is permission to exercise some power.
Power. Power is the ability to do something.
As an example, the state has the power to imprison you. They do not have the right to do so. They may have been granted the authority, by The People, to do so.
Our Constitution does not grant us any rights. It does not give any power to the state. It authorizes the state to do some things. As part of that authorization, the state has gathered power to itself.
People are greedy. Anybody who claims we are not is likely lying to you or themselves, or both. Greed is not bad.
I want toys for the safe. I want toys for the shop. I want toys for the house. I want good food. I want good water.
There are 1000s of things I want. There are things that I need.
My greed makes me want to get the things I want.
I need to decide on what is the best way to get the things I want. I could decide to steal these things. This does not have a long term positive outcome.
Because I want, and because I need, I have to find a way to get money. I have decided that the best way for me to get money is to marry well, sell my skills to others, and sell things that I make.
When I am selling things that I make, I need to sell them at a price that will earn me a profit. The size of that profit is set by greed. If the price is too high, I will not be able to sell very many. If the price is too low, I will not be able to make enough profit. I want to find the price that generates enough profit and enough sales to make an overall profit that I’m happy with.
That is greed at work.
Unfortunately, greed also causes people to look for advantages. One of the easiest methods of getting an advantage is to change the rules such that you have some sort of advantage over others.
You are making a widget. You have been making widgets for years. You have a strong customer base and many return customers.
A new player comes into town and starts to manufacture widgets in competition with you. They are not making much headway, as your long-term efforts and excellent product keep people coming to you to purchase.
The new player decides that they need an advantage. They know there are potential safety issues with the widgets that they are making. It is easily mitigated by using a known procedure.
They go to the government and lobby to “Make Widgets Safer.” “Protect The Children From Bad Widgets!”. They get a new regulation passed which requires a compliance report on using the particular procedure in making widgets.
The government is now using a power they may not have the authority to use. Regardless, they do have the power. They have more power than you do.
You now have to hire a person to perform compliance reporting along with compliance testing. Your costs have now gone up to the point where your competitor’s price/quality is closer to yours, and they start to take customers from you.
The question then becomes, by what authority did the state impose that compliance regulation on you?
The state always has the power. When some purple haired whale yells that your penis replacement AR-15 isn’t going to stop the state, they are explicitly saying that the state has more power than you.
Their opinion is that the state should exercise that power to force you to do whatever it is they want you to do.
Save for your retirement? Yep, the state has the power to force that on you.
Pay for illegal aliens to have an education? Yep, the state has the power to force you to do that.
Buy car insurance? Yes, some individual states have forced you to purchase car insurance.
Buy health insurance? In a bill, we had to pass to know what was in it, the state did exactly that, they forced you to buy health insurance.
That is the exercise of power.
Does the state have the authority to do so? That is an entirely different question. You need to look at what the Constitution authorizes the state to do. What you find is that the lawyers have twisted small things to make it look like an authorization.
If you look at the original NFA, it was based on a tax. The state is authorized by Article I, Section 8, Clause 1:
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States
This is the first of the enumerated authorizations. The state can tax just about anything they want.
But, their authorization to tax “just about anything” was modified in 1791 to exclude taxes on arms. …, the right of The People to keep and bear arms, shall not be infringed.
The word “infringed” means to “hinder”, thus a tax on keeping or bearing arms is an infringement and unconstitutional.
To conclude, we, The People, have rights and powers. The state has power but no rights.
Our rights are protected by different parts of the Constitution, including the Bill of Rights. The state is authorized by the Constitution to exercise some of its powers.
If the federal government is not authorized to exercise a power, that authorization goes back to the individual states and The People.
Do NOT let anybody claim that the state has “rights”, it does not. It has power. It is either exercising the power under the authority of the Constitution or it is abusing its powers.
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