Skip to comments.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 progunleaders.org. 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
I always wanted to ask those judges why were students were allowed to
carry rifles to schools and colleges for class.. Were our lawmakers
just really ignorant and stupid back then? I dare them to answer..
But don't forget to bring your zircon-encrusted tweezers! Even if you don't care to be a dental floss tycoon, they might come in handy....
But I’m unprepared
But the Constitution wasn’t referring to the present-day National Guard, because the National Guard is a federal entity. The militia is still the greater part of the people at large, except for politicians.
Yes, certainly some interesting times.
***If thirty-three states call for a Convention, they could scrap the federal government and start over from scratch.***
I truly doubt the FedGov would let that happen.
Try to remember that book and post it for all to see.
I've run across the explanation, but for the life of me, cannot remember.
“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.”
There are bastions of liberalism centered around the universities but once you get away from those there are still a lot of guns and individualism.
“Try to remember that book and post it for all to see.”
I’ll try to find it, I’m sure I didn’t give it away, it’s probably in a box somewhere with my other TEOTWAWKI books.
The Brady Campaign to prevent gun violence has announced its state report cards and says that Montana failed and tied for 32nd nationwide when it comes to enacting gun control laws.
Montana scored eight points out of a possible 100.
The scorecard rates five categories: curbing firearm trafficking, background checks, child safety, banning military assault weapons and guns in public places and local control.
A gun rights advocate says a low score means Montana is more in line with the second amendment right to bear arms.
"Every year Montana finds the Brady gun control campaign report on guidelines." said Montana Shooting Sports Association President Gary Marbut "We rejoice in that. We don't like gun control in Montana. Gun control is not consistent with Montana's heritage and culture. It's not consistent with our people and who we are."
The Montana Attorney General's office would not comment on the report, but Marbut says crime decreases with fewer gun control laws.
The Brady Campaign ranks California first while Kentucky and Oklahoma tied for 49th.
NOw THAT is an amicus brief.
I wish a copy was submitted to the US Supreme Court.
I never noticed the zircon encrusted tweezers part. That's in that stupid song, too?
tweezers are good to have...but what i never leave home without, is duct tape! and a pocketknife, of course...
"The more corrupt the state, the more it legislates."
"If first you don't secede, try try again."
I used to have one of those on my F-150! Bought it at that gift shop atop Stone Mountain.
If you're gonna hang out around oil fields in Montana, be sure you don't fall into that burnin' ring of fire! (OW! OW! OW!)
What a great album! Frank at his best. RIP.