The Supreme Court today made a pretty interesting ruling in regards to where federal power ends and the power of the states begins. The Justices specifically mentioned that an international treaty should not be the basis for restricting a citizen’s rights:
But the Supreme Court, in a unanimous opinion written by Justice Anthony Kennedy, said Bond “has standing to challenge the federal statute on grounds that the measure interferes with the powers reserved to states. … (A lawyer appointed to defend the law, once the administration withdrew) contends that for Bond to argue the national government has interfered with state sovereignty in violation of the 10th Amendment is to assert only a state’s legal rights and interests. But in arguing that the government has acted in excess of the authority that federalism defines, Bond seeks to vindicate her own constitutional interests.”
Kennedy said, “The statute … was enacted to comply with a treaty; but (Bond) contends that, at least in the present instance, the treaty cannot be the source of congressional power to regulate or prohibit her conduct.”
I’m not a lawyer, and I’m sure that someone with a lot more knowledge of the law and how this decision will be interpreted and applied has more insight into this. But to me this says that the Supreme Court unanimously believes in a distinct limit on the federal government’s power under the 10th Amendment. It also limits how a treaty can be used against us.
There’s been a lot of talk about how the 10th Amendment is dead, and for sure it’s not as robust as it could be. But a unanimous decision, including justices appointed by the current administration, just affirmed that there is still some life in the old girl. That could have a lot of ramifications.
Also, there’s been a lot of shouting about the U.N. treaty on small arms and how it could be used as a back door to force through gun control legislation. The Supreme Court seems to have shot that down before it became a problem. If a law based on an international treaty for chemical weapons can’t be used against someone who chemically burns someone, then it would seem to me that an international treaty that restricts the private ownership, shipment, and sale of firearms could not be used as the basis for gun control laws that curtail our 2nd Amendment rights.
I’m looking forward to seeing analysis from someone who knows what they’re talking about, and to see how this is applied.









