6 replies to this topic

[GarandFan]

Dear friends:

Many of you might be involved in your own or other counties, and helping to get the Pro-Second Amendment Resolution on agendas.  If you are, a big THANK YOU!  As I understand, there has been relatively little merits-based resistance to these resolutions.  HOWEVER, there has been some resistance based on the argument that the right to bear arms is not county business, and falls solely on federal and state legislatures.  

Below is a letter I wrote, arguing that these resolutions are indeed county business.  Please, feel free to copy and modify as you see fit, and send to county commissioners that might consider the second amendment resolution in their counties.



Second Amendment Resolution is within the scope of county business

During Illinois county board discussions regarding the Pro-Second Amendment Resolution, it has come to my attention that certain board members feel this issue is (1) redundant, because the right to keep and bear arms is already constitutionally protected, and (2) beyond the scope of county governments, because issues regarding constitutional rights ultimately fall on the state and federal governments.

Herein I argue that protection of the right of individual citizens to keep and bear arms is anything but redundant, and that it is indeed within the scope of Illinois county governments.

The Second Amendment to the US Constitution says that militias are necessary for the security of a free state, and that the right of the people to keep and bear arms shall not be infringed. However, the Second Amendment is one of the few Bill of Rights provisions that has not yet come up for incorporation via the 14th Amendment. Because the Second Amendment has not yet been incorporated, it doesn't protect people against state infringement. The IL constitution (Section 22) likewise mentions the right to keep and bear arms, but is more explicit than the federal guarantee because it omits prefatory reference to militias: "...the right of the individual citizen to keep and bear arms shall not be infringed." However, as passed at the 1970 IL Constitutional Convention, the guarantee reads in full: "Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed." As I understand, the prefatory "subject to police power" clause was mandated by a strong Chicago contingent, generally favorable to gun control measures then, as they are now. What this really means then, for Illinois citizens, is that they have absolutely no constitutional protection from state government infringement on their right to keep and bear arms. "Subject only to police power" effectively means that the state legislature can enact, and the state police can enforce, any and all laws that would regulate or prohibit outright the possession of firearms by individual citizens. That means that Illinois citizen's "right" to own firearms is empty and meaningless, and indefensible in an Illinois court of law!

Precisely due to the facts outlined above, it is anything but redundant that Illinois counties discuss and pass Pro-Second Amendment Resolutions. This issue is indeed county business; counties are among the most local governmental units and as such, counties can best understand and represent the wishes of their citizens. If government is "by the people and for the people", the political wishes of the people are passed upward to ever-larger units of government. Counties inform state senators and representatives, who in turn, inform the state legislature as a whole. That Illinois counties pass resolutions is indeed their business, because with such resolutions, they inform the state legislature on crucial matters concerning the rights and wishes of their citizens.

[junglebob]

Garandfan, Great letter, I'll use it when urging my county board members to vote on the resolution.  Something I was wondering do county board members swear to uphold the U.S. Constitution or just our wimpy Illinois constitution's second amendment clause?

[GarandFan]

junglebob, on Oct 28 2007, 02:42 PM, said:

Something I was wondering do county board members swear to uphold the U.S. Constitution or just our wimpy Illinois constitution's second amendment clause?

To be safe, you will have to find out from that particular county.  But generally, ALL public officers, federal, state, or local (county and city) are either required by law, or do by tradition, swear oaths.  I found this general one on the internet, modified it for Illinois.  My guess?  Most county officials probably swear to uphold the US and state constitutions.  You'd think that should make a difference.....but words are damned cheap these days.

I solemnly swear (or affirm) that I will preserve and protect the Constitution of the United States, and the Constitution of the State of Illinois, (e.g., and the Charter/Municipal Codes of the City of Chicago), and that I will faithfully discharge the duties of the office of (e.g., mayor of Chicago) to the best of my ability, so help me God.



The catch phrase?  "to the best of my ability."

[ishmo]

Excellent letter GF, I plan to use it as a basis for emails I plan to send, especially to the board in Du Page  

[GarandFan]

Thanks!

[Suburbangunslinger]

Hey couldn't the County resolution be passed by a city/town in the domain of Cook county? I'd love my city to pass such a resolution, it would be nice if Cook county could pass that..

[Ashdump]

Suburbangunslinger, on Dec 6 2007, 11:40 AM, said:

Hey couldn't the County resolution be passed by a city/town in the domain of Cook county? I'd love my city to pass such a resolution, it would be nice if Cook county could pass that..

Yep! Just substitute the word county for township or whatever your local government refers itself