Posted on 03/09/2007 8:10:02 AM PST by cryptical
Edited on 03/09/2007 10:38:14 AM PST by Admin Moderator. [history]
If you're going to insert yourself and answer the question, then answer the question. If my statement is "patently false", then tell me what interstate commerce the government is not allowed to regulate, and where did you find that information?
Since I am obviously annoying you, by acting in your defense, I shall cease to do so.
Good luck, and good riddance.
Don't post to me anymore, ingrate. I can do without your trolling.
In the summation they state:
The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty.
Any Commerce clause regulation that made arming ones self impossible is unConstitutional. Like I've been trying to tell you for years. Hence my constant repeating of the Jefferson quote:
"When an instrument admits two constructions, the one safe, the other dangerous, the one precise, the other indefinite, I prefer that which is safe & precise. I had rather ask an enlargement of power from the nation, where it is found necessary, than to assume it by a construction which would make our powers boundless." Thomas Jefferson, letter to Wilson Cary Nicholas, Sept. 7, 1803.
If one theory decreases individual Rights or liberty, the government was to choose the other interpretation that protects Rights.
You just don't get that.
Actually bad luck to RP. He never found an unenumerated right which he couldn't disparage, nor an undelegated power reserved to the people. He advocates the kind of "authoritarian conservativism" that gives the rest of us a bad name. The founding fathers didn't risk all for the greater power of the Federal government - they did it for liberty, something RP apparently despises.
We could all do without YOUR trolling. This thread was cooking along just fine without your Brady Bunch BS...
There are far more scholarly articles than that one out there. Furthermore, the "individual rights" approach, by its very nature, rejects that position.
that link was in another thread on this topic earlier this week, I posted it as a point of discussion.
Sorry, didn't mean to jump on you. ;)
Hey Joe, what do you say I bring suit against the state of NJ for not issuing me a carry permit and cite the 14th amendment?
I just wish I would have thought of it sooner when Alito was still in Newark.
no, no problem. if you have any other links to articles on this topic, please post them.
what does the federalist society (the real one) say about this issue, since that appears to be the main organization that conservatives on the judiciary are a part of.
If a Commerce Clause regulation is unconstitutional, of course it's not allowed. Congress cannot prohibit the interstate commerce of all newspapers or magazines either.
Can you name any commerce that Congress cannot regulate? No, you cannot. Then what in the world is your problem with my "position"?
Because you advocate "regulations" that make it impossible to exercise a Right. Such as the NFA of '34, the GCA of '68, and damn near every State ban we've discussed here that you've chimed in on.
I rescind my comment - since RP thinks I should not post to him, there is no reason not to insult him behind his back. In fact, he insists that I do.
So I shall not tell him that he is an undereducated, statist-loving, Nazi shit. Khruschev would spooge all over him.
I will let him observe that from others reaction.
LOL...
As a life-long gun rights supporter. I would repeal the machine gun act of 1934.
Law abiding gun owners should'nt have to ask permission to own firearms.
While there are exceptions, members of The Federalist Society overwhelmingly support the individual rights view. The Society doesn't have an easy bulletpoint list of everything it believes, but considering the fact that it has seats for 2A defenders in its Civil Rights group, I think the feeling is pretty clear.
Also consider news updates from its Civil Rights wing such as this:
"For the first time in history, a federal court of appeals has unambiguously held that the right to keep and bear arms belongs to individual citizens, and rejected the judicially regnant theory that Second Amendment rights belong to governments or can only be exercised in the service of a government."
http://www.fed-soc.org/Publications/practicegroupnewsletters/civilrights/news2001.htm
which is essentially what this ruling says. That if you are going to show up for Militia duty, you will be expected to meet certain standards and have your equipment ready as delineated. But, this requirement does nothing to stop the free enjoyment of this Right as a private citizen unattached to a militia as it is a "pre-existing Right".
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