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DC v. Heller - Montana prepares to secede
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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


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: EternalVigilance
I've driven through Montana many times and I always look forward to the
fantastic veiws of those incredible rolling hills and valleys.

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..

161 posted on 02/20/2008 9:07:49 AM PST by MaxMax (I need a life after politics)
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To: BlueDragon
I'm moving to Montana soon. nevermind the dental floss...

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....

162 posted on 02/20/2008 9:56:39 AM PST by betty boop (This country was founded on religious principles. Without God, there is no America. -- Ben Stein)
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To: Gilbo_3

But I’m unprepared


163 posted on 02/20/2008 9:57:32 AM PST by wastedyears (This is my BOOMSTICK)
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To: aruanan

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.


164 posted on 02/20/2008 10:05:06 AM PST by wastedyears (This is my BOOMSTICK)
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To: Joe Brower

Yes, certainly some interesting times.


165 posted on 02/20/2008 10:09:20 AM PST by wastedyears (This is my BOOMSTICK)
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To: jdege

***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.


166 posted on 02/20/2008 10:15:08 AM PST by wastedyears (This is my BOOMSTICK)
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To: dljordan

Try to remember that book and post it for all to see.


167 posted on 02/20/2008 10:16:08 AM PST by wastedyears (This is my BOOMSTICK)
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To: wequalswinner

I've run across the explanation, but for the life of me, cannot remember.

168 posted on 02/20/2008 10:27:08 AM PST by BlueDragon
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To: Peanut Gallery

ping


169 posted on 02/20/2008 10:29:53 AM PST by Professional Engineer (www.pinupsforvets.com)
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To: Unrepentant VN Vet

“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.


170 posted on 02/20/2008 10:30:35 AM PST by dljordan
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To: wastedyears

“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.


171 posted on 02/20/2008 10:32:06 AM PST by dljordan
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To: djf
Pretty funny... Montana gets failing grade on gun control laws

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.

172 posted on 02/20/2008 10:33:54 AM PST by MarMema (kosovo will always be Serbian)
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To: djf

NOw THAT is an amicus brief.

I wish a copy was submitted to the US Supreme Court.


173 posted on 02/20/2008 10:35:34 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: betty boop
Dental floss is nylon, isn't it? Wait, maybe rayon? Both are made using petroleum products [i think]. Montana has some oil...but not as much as neighboring Wyoming.

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...

174 posted on 02/20/2008 10:35:38 AM PST by BlueDragon
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To: djf
Now they’re trying to go in the other direction, by passing unconstitutional laws in DC.

*****

"The more corrupt the state, the more it legislates."

-Tacitus

175 posted on 02/20/2008 10:52:48 AM PST by Charles Martel (The Tree of Liberty thirsts.)
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To: Travis McGee
I used to see a bumper sticker in South Carolina:

"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.

176 posted on 02/20/2008 11:22:22 AM PST by Charles Martel (The Tree of Liberty thirsts.)
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To: AGreatPer
I'll stay in Tennessee.

Tennessee Constitution:
Section 26. That the citizens of this state have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.
177 posted on 02/20/2008 11:22:52 AM PST by Parthalan
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To: BlueDragon
I never noticed the zircon encrusted tweezers part. That's in that stupid song, too?

YEP!

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.

178 posted on 02/20/2008 11:43:45 AM PST by betty boop (This country was founded on religious principles. Without God, there is no America. -- Ben Stein)
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To: wastedyears
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.

Yep.
179 posted on 02/20/2008 11:59:39 AM PST by aruanan
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To: make no mistake
Just wondering, do you know anything about Wisdom, Mont.
180 posted on 02/20/2008 12:17:02 PM PST by Tamar1973 (Riding the Korean Wave, one recipe at a time http://www.youtube.com/Tamar1973)
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