Posted on 03/21/2008 6:29:24 AM PDT by Pistolshot
Can we use the 2nd to invalidate the abuses of the "commerce clause?"
Trying to think ahead to the next step.
Also of note; If the DC residents are found to have the RKBA in their homes, shouldn’t that right also extend beyond their homes? Surely our forefathers didn’t write the 2A to be restricted only to the home. Did people lose the RKBA when they left their homes and mounted their horses or rode off in a buggy?
It is not about NFA 34
It is not about GCA 68.
I don’t know what Hughes is but the Supreme Court Justices were the ones who discussed the Machinegun tax and the GCA ‘68.
Read the transcripts.
Everything the Court says about "keep" should equally apply to "bear".
Don't believe the lie that "bearing arms" only refers to military service. One argument I read or heard recently was that the British, prior to our Revolution, had forbidden the Scots from "bearing arms", rendering nonsense that it refers to military service. Inability to "bear arms" is to be DISARMED.
Hughes was the amendment the forbid the importation of any machine guns after 1986. relegating all those in transferable category the only ones available, hence the enormous price for those.
Hughes was the amendment the forbid the importation of any machine guns after 1986. relegating all those in transferable category the only ones available, hence the enormous price for those.
In so far as the right to keep and bear arms is ruled an individual, fundamental right protected by the Second Amendment, no regulation of commerce should be permitted which infringes the right. But that won't necesarily stop a power-mad Supreme Court from trying.
I was rather impressed, since you actually understood what I was talking about.
Sorry to be picky, but I thought that the feds simply protect rights not grant them. Except for maybe "the right to privacy".
Semper Fi
An Old Man
Can you please give me an answer to a nagging question I have about this "Bear" Part of the Constitution. Why are people fixated on what size of load a person can bear? Are not all arms equal?
I think there is sufficient evidence that Cannon were privately owned during the Revolution and that congress was authorized to hire privateers to go after the British with there private cannon. I haven't found the evidence to prove it yet, but I suspect that our artillerymen probably used beasts of burden to move their field guns.In recent times we have resorted to Motor trans[port to move all sorts of arms and ammunition throughout the battle zone.
The following picture shows a truck named by none other than the USMC as a "Weapons carrier" If I could use this truck to carry weapons I used while in service to thhis country, Why am I restricted now to only those weapons which I can carry?
The Dodge M37 (G-741) was a ¾ ton four-wheel drive truck. It superseded the Dodge WC-51 and WC-52 trucks in US service and was used extensively by the United States armed forces during the Korean war.
Semper Fi
An Old Man
SCOTI? SCOTUM?
They did. There was a reason that they didn’t ‘word up’ the general statements. There are no exceptions. The right is not qualified. It is not even hinted at having limits.
That is why they made such short, clear, absolutist laws.
Understood. I’d still beat the gun-grabbers over the head with it.
So, my post 36 was:
Can those currently in positions of leadership be expected to openly come out with such clarity if the Founders themselves were reluctant to clearly word the Amendment as follows:
The Right of the People to alter or to abolish a Government and to institute new Government, being necessary to the security of a free State, the right of the people to keep and bear Arms necessary to do so shall not be infringed.
And your response was:
They did.
And my response to that is:
Excellent!!! But I can't quite find some of the words (like "abolish" and "institute new Government" and some of the others) that "they did" clearly word in the Amendment. I'd really like to know where they are at. Not prenumbra or emanations; the actual words.
I could do something like the Knob Creek Machine Gun Shoot once a month.
:)
Uh, not really. I'm saying that if I disagreed with a law enough to disobey it, and was punished for that civil disobedience, I wouldn't just accept that punishment as legitimate, and would probably get the living sh** kicked out of me for resisting arrest. Bad law = bad punishment for disobeying bad law.
If you're speaking specifically about Heller case, well, that remains to be seen. I sure hope it doesn't come to that, but that's why the RKBA was included in the BoR in the first place, right?
Scouts Out! Cavalry Ho!
So here's the (rhetorical) $64K question: what if "the people", or more likely "the sheeple", decide not to react at all? What if 99% of us simply decide it would be easier to meekly comply, and "turn 'em in". What if the sheeple decided we/they could live with prohibitively high taxes on ammo, or microstamping, etc? What would the remaining 1% do? Grab the torches and pitchforks and burn down the chieftain's hut? Or bury 'em and wait for some unforseen line in the sand to be crossed in the future?
Not that I'm looking for an answer here and now, it's just something that we all have to think about and wrestle with on our own. When all's said and done, we're all going to have to decide for ourselves when the camel's back has broken from one too many straws. Dear Lord, please don't let it come to that.
Scouts Out! Cavalry Ho!
The idea and fact was that all, all powers are derived not from the government, nor any document, or statement but from the people and from God. So it wasn't necessary to inform those that held that power, what their powers would be. Further the writers of The Bill of Rights thought of your approach and felt that if they got into that, that anything they didn't say, then people would assume that what was left out wasn't a popular right, but that it was, maybe, a govenmental right. So, they wanted to avoid that, both in language style and explicitly in the Tenth and the then last amendment.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
This notion on non enumerated powers is now unknown in our lawyer, document and word rich legal culture. But, that is our present problem. And that is what you are asking for, a hundred thousand page manual of explicit orders down to the last degree, or as that Yale lawyer President said, and reflecting our present legal culture to include, ‘what is is.’
It is a begining and as with the CCW laws across the country, improvement in our situation will only come in increments.
But we must constantly remind the congresscritters that there is a real power they should listen to, and fear.
The expansion of concealed carry is a double edged sword. While I like the idea that more people understand the need and the right, we are giving the government what we are so adamantly against — a defacto registration.
We aren’t telling telling exactly which guns we have (we already did that with the Instant Check) but that we have and intend to carry them.
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