I'm no fan of Alexander Hamilton.  At the risk of stating the obvious,
however, I note that he
gave an excellent explanation in Federalist 81 re why the Supreme Court
must be independent
of Congress .  Among other reasons, he noted that the very concept of a
Constitution
providing limited, enumerated powers to the federal government militates
against Congress
being the judge of its actions.  (In Hamilton's time, the House of
Lords was the final judicial power
in Britain.)

Hamilton provides several arguments against Congress' exercising
judicial power --noting that
"...on the natural propensity of such bodies [legislatures] to party
divisions, there will be no less
reason to fear that the pestilential breath of faction may poison the
fountains of justice.  The habit
of being continually marshalled on opposite sides will be too apt to
stifle the voice both of
law and of equity."

Hamilton also notes "The same spirit which had operated in making them
[bad laws] would be too apt
to influence their construction; still less could it be expected that
men who had infringed the Constitution
in the character of legislators, would be disposed to repair the breach
in that of judges."

Hamilton dismisses fears of the Supreme Court abusing its power and
making laws, vice interpreting them.
Among other reasons, he notes Congress' power to impeach and remove
Justices as a deterrent and check.

Congress' attempt to claim an unlimited power to regulate commerce --as
a rationale for gun control which
bypasses the Second Amendment --should be rejected by the courts.   If
this abuse is suffered , then Congress
could later use a similar argument to destroy the free press --e.g., by
a law requiring a publisher to pay a
tax of $100 for every newspaper he sells.

If we accept "reasonable regulation" of guns, then we will later have to
accept "reasonable regulation" of the press--
e.g., the argument that the First Amendment is satisfied by having the
news disseminated solely by three "socially
responsible" TV networks whose product is extensively censored by the
FCC and the Department of Homeland
Security.

Some might dismiss my concerns by arguing  that guns are destructive and
the press is not.  That argument is absurd to anyone who has ever
visited a gun show.  If I were an insurgent, I would not buy a
registered AK-47 whose bullets cannot penetrate modern body army , which
would probably put me on a dozen watch lists, and which has a very loud
noise instantly raising  an alarm and identifying my location.   I would
instead buy books --e.g, the US Army's "Improvised Munitions Handbook" ,
which explains how to make improvised explosives , shaped charges,
thermite ,etc.   Or maybe books on spy tradecraft -- covert
communications, the unbreakable one time pad encryption, lock picking,
detection of surveillance, etc.

Timed incendiaries and anonymous sabotage of expensive factory
equipment, fiber optic lines, oil and water pipelines, railroads, and
the electrical grid  would be a far more effective protest --would have
far more influence on the wealthy backers of an unconstitutional coup
--than would suicidal firefights.   Just look at Iraq.  Or maybe
California.

(I'm speaking hypothetically , of course -- and I'm doing so because I
suspect that  some people who presume to
mess with the Constitution don't get out much.)

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