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DC v. Heller - Montana prepares to secede

Posted on 02/19/2008 7:35:11 PM PST by djf

Secy of State Brad Johnson of Montana delivered a letter to the Washington Times about possible outcomes of the Heller decision.

Second Amendment an individual right

The U.S. Supreme Court will soon decide D.C. v. Heller, the first case in more than 60 years in which the court will confront the meaning of the Second Amendment to the U.S. Constitution. Although Heller is about the constitutionality of the D.C. handgun ban, the court's decision will have an impact far beyond the District ("Promises breached," Op-Ed, Thursday).

The court must decide in Heller whether the Second Amendment secures a right for individuals to keep and bear arms or merely grants states the power to arm their militias, the National Guard. This latter view is called the "collective rights" theory.

A collective rights decision by the court would violate the contract by which Montana entered into statehood, called the Compact With the United States and archived at Article I of the Montana Constitution. When Montana and the United States entered into this bilateral contract in 1889, the U.S. approved the right to bear arms in the Montana Constitution, guaranteeing the right of "any person" to bear arms, clearly an individual right.

There was no assertion in 1889 that the Second Amendment was susceptible to a collective rights interpretation, and the parties to the contract understood the Second Amendment to be consistent with the declared Montana constitutional right of "any person" to bear arms.

As a bedrock principle of law, a contract must be honored so as to give effect to the intent of the contracting parties. A collective rights decision by the court in Heller would invoke an era of unilaterally revisable contracts by violating the statehood contract between the United States and Montana, and many other states.

Numerous Montana lawmakers have concurred in a resolution raising this contract-violation issue. It's posted at The United States would do well to keep its contractual promise to the states that the Second Amendment secures an individual right now as it did upon execution of the statehood contract.

BRAD JOHNSON Montana secretary of state Helena, Mont. Montana, the Second Amendment and D.C. v. Heller

TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; US: Montana
KEYWORDS: bang; banglist; bradjohnson; heller; mt2008; mtsos; parker; rkba; secede; secession; secondamendment; separatism; statesecession; statesrights; union
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To: P8riot

Gonna be a dentist or something?

141 posted on 02/20/2008 6:55:18 AM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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I did a real estate search there about a year or so ago. The property seemed as bit expensive.

142 posted on 02/20/2008 6:56:16 AM PST by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: coloradan
I used to see a bumper sticker in South Carolina:

"If first you don't secede, try try again."

143 posted on 02/20/2008 6:56:33 AM PST by Travis McGee (
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To: P8riot
I had to look at the lyrics of that song again.

For some reason I was thinking the lyrics was about moving to montana and becoming a dentist.

144 posted on 02/20/2008 6:58:49 AM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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To: Bear_Slayer

Gonna be a dental floss tycoon

145 posted on 02/20/2008 7:13:50 AM PST by P8riot (I carry a gun because I can't carry a cop.)
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To: Tamar1973

My 3 favorites are Sidney, Bozeman & Missoula (in that order, and for various reasons) ... and I was NOT born there, nor have I lived there.

146 posted on 02/20/2008 7:14:20 AM PST by RainMan
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To: Jim Robinson addition to my mp3 player.

thanks for reminding me of that song!

147 posted on 02/20/2008 7:19:34 AM PST by woollyone (entropy extirpates evolution and conservation confirms the Creator blessed forever.)
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To: Republicanus_Tyrannus

It would be even worse. Montana as a Territory would be subject to Federal govern ship and the use of Federal troops to control the territory. It could instantly be put under martial law (not likely but not out of the legal realm)All residents of the territory could claim sovereign citizenship but the corporation of the US would “own” the land (and BTW the water under the land). It would be a real popcorn event to see that play out. However, the Supremes will not go there since it opens to many other cans of worms. There also id the “equal footing doctrine” to deal with. Texas could have similar claims.

148 posted on 02/20/2008 7:21:50 AM PST by mad_as_he$$ (John McCain - The Manchurian Candidate?
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To: AGreatPer

Helena, Bozeman, Billings, Butte, Mizzoula.

I’ve been through Montana several times now (having moved to Seattle from the East and out to Iowa from Seattle, including a road trip.)

In a way, I was surprised by the towns there. A lot bigger than I would have guessed, though not huge and with the parks there are little way stations of civilization throughout much of Montana.

And absolutely beautiful scenery. Must be absolute hell in winter, though, if Iowa is any indication.

149 posted on 02/20/2008 7:23:06 AM PST by Skywalk (Transdimensional Jihad!)
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To: Redcloak
Thanks for the link - sent it out far and wide -


150 posted on 02/20/2008 7:30:33 AM PST by CDHart ("It's too late to work within the system and too early to shoot the b@#$%^&s."--Claire Wolfe)
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To: Non-Sequitur
And seceding would solve this how?

Well, our Founding Fathers apparently thought it was a good idea.

151 posted on 02/20/2008 7:30:45 AM PST by ctdonath2 (The average piece of junk is more meaningful than our criticism designating it so. - Ratatouille)
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To: patton

Hey! There’s another out!

152 posted on 02/20/2008 7:36:32 AM PST by Smokin' Joe (How often God must weep at humans' folly.)
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To: BuffaloJack

If thirty-three states call for a Convention, they could scrap the federal government and start over from scratch.

Which states signed on to the pro-Heller brief?

Texas, Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Utah, Virginia, Washington, and West Virginia.

I county thirty.

153 posted on 02/20/2008 7:42:20 AM PST by jdege
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To: P8riot
When I first moved to MT, my ood friend at work asked if I was gonna raise dental floss. He was a Zappa fan. I had never heard of the song until then.

Soon as I get me a grub-stake, I'm gonna get me a dennil floss ranch.

154 posted on 02/20/2008 7:42:53 AM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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To: djf
The only area I ever saw that I could say would be comparable was eastern Oregon, which is as close to paradise as a man could want.

Did you nap as you drove through Idaho? The inland NW is my old stomping grounds and a place to which I will return. Eastern Oregon, Northern Idaho, and Western Montana are probably the prettiest places in the U. S. In terms of natural beauty, however, nothing compares to British Columbia, IMO.

155 posted on 02/20/2008 7:51:40 AM PST by CommerceComet
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To: FR Class of 1998

“That era began in 1865. Was Montana not paying attention?”

You’re gonna get em’ all riled up saying that. It seems that I read a book once that started with Montana seceding followed quickly by several other mountain states.

156 posted on 02/20/2008 8:33:26 AM PST by dljordan
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To: TheZMan

“I’m a southern boy by birth, but by God I would put up with the snow for this.”

If Tennessee left I’d leave Colorado in a heartbeat to defend my home.

157 posted on 02/20/2008 8:35:28 AM PST by dljordan
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To: EternalVigilance

“Idaho, Montana, Wyoming, Utah.

That should be big enough...”

Maybe we could break off Northern Colorado too.

158 posted on 02/20/2008 8:36:12 AM PST by dljordan
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To: Momaw Nadon

Thank you Captain Buzzkill...

159 posted on 02/20/2008 8:41:38 AM PST by guido911 (Islamic terrorists are members of the "ROP", the "religion of pu*&ies")
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To: dljordan

“Maybe we could break off Northern Colorado too.”

I didn’t think that there was much of Colorado left that hadn’t been sucked dry, paved over or turned into a half-a$$ed theme park.

...just like what the tourists and their d*** lawyers are trying to do to Montana now.

160 posted on 02/20/2008 8:54:28 AM PST by Unrepentant VN Vet (Down with the Kakistocracy)
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