Posted on 03/09/2007 8:10:02 AM PST by cryptical
Edited on 03/09/2007 10:38:14 AM PST by Admin Moderator. [history]
Why didn't they just write the 2d as the first; congress shall make no law restricting the ownership of firearms. That would leave the states free to restrict at will.
But they didn't.
The right of the people to keep and bear arms, SHALL NOT be infringed, is pretty clear as to who it pertains to and what shall not be done by any governing body.
Poor Bobby... Still can't get it right...
That is not one way to read it. You cannot just add whatever words you feel like, or omit as you feel.
Do you honestly think that after throwing off the most powerful army in the world with great aid of citizen soldiers they would turn around and bind those soldiers to a tyrannical government again?
It's a declaratory statement. As it notes in the Preamble. Every gun law out there not directly related to malicious harm done with a firearm is on its face unConstitutional and should be stricken from the books.
Totally agreed.
No, you keep that in mind. That is your fatal flaw. There is no such language in 2A. That is why your whole history on this forum is wrong.
In a state? No. I don't think the thought ever occurred to them.
"Your statement falls back on Barron v. Baltimore, which in 1833 decided that the bill of rights applies only to the federal government."
I think that was the first case, yes. The court only referenced the Takings Clause of the 5th amendment, not the entire BOR.
"Article VI of the constitution is clear"
Uh-huh. And for the next 150 years, every single court ignored it? C'mon. Read the Preamble to the Bill of Rights. It says right in it that the amendments are to apply to the federal government only.
"-- With the historical context set above, a look at the current interpretations of the 2nd Amendment are appropriate.
These interpretations tend to lean in one of two ways. The first is that the amendment was meant to ensure that individuals have the absolute right to own firearms; the second is that the amendment was meant to ensure that States could form, arm, and maintain their own militias.
Either way, it is a bar to federal action only, because the 2nd Amendment has not been incorporated by the Supreme Court to apply to the states.
This means that within its own constitution, a state may be as restrictive or unrestrictive as it wishes to be in the regulation of firearms; likewise, private rules and regulations may prohibit or encourage firearms. For example, if a housing association wishes to bar any firearm from being held within its borders, it is free to do so. --"
Smoketree:
Why didn't they just write the 2d as the first; congress shall make no law restricting the ownership of firearms. That would leave the states free to restrict at will.
But they didn't.
The right of the people to keep and bear arms, SHALL NOT be infringed, is pretty clear as to who it pertains to and what shall not be done by any governing body.
Incredible isn't it, -- that anyone would tout the man above as an expert, -- a man that thinks a homeowners association can prohibit firearms.
And the constitution and BOR are the SUPREME LAW OF THE LAND.
But of course in order to arrive at your position you have to omit the supremacy clause.
LMAO!!! So the only 2A contestant in the history of SCOTUS was a good demonrat voter?
Um, yes. As long as you inset "as part of a Militia", which is nowhere in the quote... Get it???
LMAO!!! So the only 2A contestant in the history of SCOTUS was a good demonrat voter?
Right.
Makes perfect sense now doesn't it? :-)
Could be part of the new age think.
If you dream of something and think about it long enough it will happen. The rest of the world notwithstanding.
We are in the age of narcissism where people can not only create their own reality but believe they can alter the reality of others on a whim and if enough narcisists agree then it must be so for everyone else.
Case in point is all the enviros not allowing drilling for our own oil making us dependent on hostile nations for our energy while giving them billions of our dollars to use against us.
They selfishly want to preserve what they want and everyone else must follow no matter the cost.
That is narcisism
Odd that they only did this with the second amendment, huh?
They didn't do that for religion. Or free speech. Or a free press. Or freedom of assembly. The right to petition. The right to a jury trial. The right to be free from unreasonable searches.
They didn't want to achieve those goals?
"then when need arose to call up the militia there would then be no assurance that enough respondents would actually have arms."
The Militia didn't show up with arms when called to the War of 1812 -- and it wasn't because the feds disarmed them.
Well said.
Sure they did. But due to a lack of enterprise for the war and inept leadership in the active military, it didn't work very well. You can't rule over militia like British Lords and expect them to fight for you.
Read a book will you?
Yep. Now I really like this Miller guy. Not only did he thumb his nose at the Feds while he was alive, he did it twice after he was dead!! LOL!
... which is why CCW is the law of the land in federal buildings, national parks, post offices, commercial airliners under the purview of the TSA, and everywhere around Washington DC ...
Correct.
Why was the U.S. Supreme Court interested in "some reasonable relationship to the preservation or efficiency of a well regulated militia"?
"they may have shown that a sawed-off shotgun is indeed a useful militia weapon."
Perhaps they could have. Who were Miller's attorneys going to use to testify in court as to whether or not a weapon was suitable for a state's Militia?
Since this decision affects a state Militia, shouldn't each individual state be the one to decide which weapons their Militia will use? Shouldn't the state be testifying? Aren't these the weapons which the federal government "shall not infringe"?
What if Mr. Miller's weapon didn't qualify as a Militia-type weapon? What would have happened?
But you can't be bothered to answer it? OK. I understand.
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