Congress possesses numerous powers that are clearly outlined in the U.S. Constitution. To facilitate comprehension, we have designed a visual aid elucidating these powers. (Click to download infographic pdf)
Many people do not realize that Congress is obligated to respect and uphold the Bill of Rights, which is the collective name for the first ten amendments to the United States Constitution. These amendments were added to the Constitution to protect individual rights and liberties from government infringement. The purpose of the Bill of Rights was to prohibit government action as opposed to simply limit it.
Congress does not have the right to regulate citizens' rights to keep and bear arms. This means the only way for the ATF to be created was outside of the Constitution to get around the restrictions of the Second Amendment. There are plenty of gun rights organizations, attorneys and private citizens who have tried for years to understand how this happened. But they have been unable to do so. The reason for this is insufficient understanding of American Law and History. (Ouch!)
For instance, we know the People established the Constitution which created the government and its laws (i.e. legislation, statutes, codes, etc.). But what law was used to create the Constitution itself? Hint: It couldn't have been the laws created under the Constitution! Basic logic, then, tells us that there is law that exists under the Constitution and law that exists outside of it. How come you never learned about this in school?!?
Attorneys go to school and learn one or more of the many forms of law that exist under the Constitution. But there is no such thing as a law school that teaches extra- and supra- constitutional law. As a result, state and federally licensed attorneys are limited in their ability to stand against the ATF. Likewise, lobbyists and gun rights organizations can only fight for rights being violated under the Constitution. Consequently, they have no real defense against the ATF rules and policies except those that the ATF approves of.
Even when gun rights issues move into court, the type of law being used under the Constitution is inferior to the law that was used to create the ATF outside of the Constitution. This is why there have never been any real "wins" in the fight to enforce the Second Amendment. Politicists understand the type of law used to create the ATF, which is the only kind that can be used to disband it. Furthermore, this is also why Politicists will be successful at achieving our objectives to disband the ATF although no one else ever has been.