Posted on 03/29/2012 12:18:04 PM PDT by marktwain
the court finds that the statutes at issue here are subject to strict scrutiny…While the bans imposed pursuant to these statutes may be limited in duration, it cannot be overlooked that the statutes strip peaceable, law abiding citizens of the right to arm themselves in defense of hearth and home, striking at the very core of the Second Amendment.”
From your post
The 2nd ammedment to the Federal constitution has no ligitimate baring on the State of North Carolina.
Maybe you should get ahold of that judge and correct him. I'm sure an armchir expert or your caliber would cause him to change his tune.
Yeah, she’s a piece-a-work.
Took 41 plane trips, donated by supporters while running for office, claimed she either overlooked or subordinate failed to report them.
One of her followers is going to fall on the sword for her.
She’s a whiny little b____ with a mouth like the Joker.
Had it not been for the Bush/Republican revulsion in 2008 she would never have been elected.
Wow! Thanks. I just joined SAF.
“
Maybe you should get ahold of that judge and correct him. I’m sure an armchir expert or your caliber would cause him to change his tune.”
The federal employee is just as much an “armchair expert” when it comes to the Federal Constitution as any american. To call them who are supposedly chained down by this same document more honest experts on the lawfully limits of their chains is no different than to call the top prisoner more authoritative regarding the terms of his imprisonment than his warranted.
I would whole heartily agree with this federal judge if and only if the 2nd amendment were illegitimately applicable to the States. Instead his eyes are in the wrong Constitution all together. For the law that chains down the government of North California for the protection North Carolinian is not written or kept in Washington but rather it is Written BY north Carolinian for the protection of North Carolinian from their Government.
That law, or contract as some like to call it is known by the title the Constitution of North Carolina. In that Constitution written and approved by the People of North Carolina is a clause almost a verbatim copy of the 2nd Amendment in Article 1 Section 30:
http://www.ncleg.net/Legislation/constitution/article1.html
Had this judge simply sited this relevant law rather than the irrelevant 2nd amazement to the FEDERAL constitution he would have made a near flawless argument in this regard.
So you see I am not disputing the limitations binding the Government of North Carolina, mearly where they come from and where they reside. The people of North Carolina have EVERY RIGHT to govern themselves in this and all other respects. It is after all THEIR state.
It is in fact the people of North Carolina not the several States that have declared their government incapable of robing them of their right to keep & bear arms. It is the people of North Carolina that justly control this & all other political issues internal & species to North Carolina.
“Yeah, she’s a piece-a-work.
Took 41 plane trips, donated by supporters while running for office, claimed she either overlooked or subordinate failed to report them.
One of her followers is going to fall on the sword for her.
She’s a whiny little b____ with a mouth like the Joker.
Had it not been for the Bush/Republican revulsion in 2008 she would never have been elected.”
I must admit my surprise that the people of North Carolina would find such a governor tolerable to their sensibilities.
Be that as it may, there is good evidence to indicate that the framer of the 14th Amendment intended that incorporation be the law of the land.
The following is copied from Wikipedia for its succinctness, but the content is easily verified from primary sources:
Rep. John Bingham, the principal framer of the Fourteenth Amendment, advocated that the Fourteenth applied the first eight Amendments of the Bill of Rights to the States. The U.S. Supreme Court subsequently declined to interpret it that way. Until the 1947 case of Adamson v. California, Supreme Court Justice Hugo Black argued in his dissent that the framers' intent should control the Court's interpretation of the 14th Amendment, and he attached a lengthy appendix that quoted extensively from Bingham's congressional testimony. Although the Adamson Court declined to adopt Black's interpretation, the Court during the following twenty-five years employed a doctrine of selective incorporation that succeeded in extending to the States almost of all of the protections in the Bill of Rights, as well as other, unenumerated rights.
That indicates to me that the Constitution has been duly amended to make incorporation under the 14th Amendment the law of the land. As a constructionist, I find the framer's intent to be of primary interest. If Bingham intended incorporation and wrote the amendment for that purpose, then I must therefore believe the premise that incorporation is the duly ratified law of the land to be the correct interpretation.
As is the case in many another divided state, the liberal urban centers hold sway in such matters.
“”I must admit my surprise that the people of North Carolina would find such a governor tolerable to their sensibilities.”
As is the case in many another divided state, the liberal urban centers hold sway in such matters.”
Makes you morn the loss of your republican form of Government with the regionally Representative State Senate eh?
To me it leftist dominated urban centers makes me start to wonder if a nuclear war might have definite silver lining. lol
I am aware of the despotic insanity of the radical republican Rep. John Bingham. He is among the lead authors responsible for the destruction of our once free & republican government.
Whatever his intentions however that was not the intentions of the ratifying states, the ones that were not blackmailed into ratification, nor were his extreme views shared by most in Congress.
Rep. John Bingham was an evil man on the level with Linclin himself. He may still today in his little corner of Hell believe the Federal government has the right to impose its politicians arbitrary concept rights & obligation upon every member of the union, thus abolishing in practice the Federal constitution and federal system with it.
But we who have to live in the land still occupied by his empire cannot afford to tolerate such an imperial believe. To their magnanimous credit the first bunch of Federal employees in the Federal courts and most of the congressmen of the time recognized this fact.
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