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5th Circuit upholds Texas campus carry law
against some flimsy legal claims.
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Educational note: (Some parts fact, some my educated opinion)
Since 1833, no part of the Bill of Rights has bound any State, all law suits, comments, etc to the contrary notwithstanding. The SC in Barron v Baltimore, a takings case, decided that the Bill of Rights was ONLY applicable against the federal government. Because of Barron we have over 20,000+ state level gun laws on the books. Since 1833, the states HAVE violated the 2nd numerous times. The Court was wrong in Barron as it is in most cases the SC decides. Factually, the Supremacy Clause bound the States to the Bill of Rights.
Long after the 14th Amendment was ratified, the courts invented a new doctrine from whole cloth, known as the Doctrine of Incorporation. The Courts then stole power to decide which parts of the Bill of Rights should apply against the States under the various clauses of the 14th. That doctrine, while nice, was wrong. The 14th covers privileges and immunities. The Bill of Rights covers Rights. Rights come from God and are inalienable. Privileges and immunities come from government and can be granted, restricted, or removed at the will of the government. Lawyers often confuse privileges with Rights as do many congresscritters.
The Courts make small decisions in order to maintain their authority and power over the People. Courageous and honorable judges would simply determine the full facts and set the law down. The Bill of Rights are absolute and circumscribe all powers at every level of government. So governments cannot infringe on the right to keep and bear arms in any manner, "SHALL NOT BE INFRINGED.", absolute command. Punishments for the improper use, i.e. injury or killing, of arms are under the purview of government, but ONLY state governments.
The Police Powers are almost exclusively left to the States. This fact is covered in nearly every constitutional writing of the 19th century. The feds have only 6 to 7 legitimate police powers. These are explicitly delegated, as per Madison "few and defined" - to be defined requires the power to be written. The lie that the necessary and proper clause carries with it associated/implied/inherent powers is one of the greatest atrocities committed on the People of the United States. The Framers, because they represented the States and NOT the government they were trying to create, delegated ONLY those exact powers they could agree the central government should exercise and left nothing to the implication of others. The courts have either failed to protect the People or have been complicit in stealing powers from the States or the People.
The 2nd amendment, like many amendments in the Bill of Rights, has multiple parts.
The 2nd amendment reserves the right to keep and bear arms to individual persons, while also affirming the authority of free states to form and arm militias. These two things are not mutually exclusive, and doesn't give the state any power to restrict individually owned arms. This is reinforced by the 10th amendment.
The tenth amendment:
"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."