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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: Redmen4ever

If Obama is elected, we all should secede.

*****

Also Hillary is enough for the country to secede!

These characters have hijacked the constitution by subduing capitalism

you folks should listen to Mark tell how they did it!

Monday
http://abcrad.vo.llnwd.net/o1/levin/rss/levin02182008.mp3

Tuesday
http://abcrad.vo.llnwd.net/o1/levin/rss/levin02192008.mp3

To get on the ping list
http://www.freerepublic.com/focus/f-news/1972980/posts


101 posted on 02/19/2008 11:04:14 PM PST by restornu (Elevate Your Thoughts! Will I accept of an offering, saith the Lord, that is not made in my name?)
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To: djf
Thanks for the post. A toast to Montana and the wise men and women who decided to negotiate with the US federal government and choose to use plain language in their State Constitution!
102 posted on 02/19/2008 11:07:31 PM PST by Robert357 (D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)
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To: djf

Nothing succeeds like secession....


103 posted on 02/19/2008 11:10:48 PM PST by tracer
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To: tracer
Quick!!

Name three cities or towns in Montana.

Not as easy as you think.

Better yet, as your child to point out Montana on a US map.

Why are we discussing Montana at all?

BTW, I would love to go there to see the mountains, streams and some fishing.

104 posted on 02/19/2008 11:19:08 PM PST by AGreatPer
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To: ASOC

My hubby, the former Alaskan, says that Alaska has a secession season, like Korea (or Berkeley) has riot season. LOL!


105 posted on 02/19/2008 11:24:52 PM PST by Tamar1973 (Riding the Korean Wave, one recipe at a time http://www.youtube.com/Tamar1973)
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To: DBrow
Well, just my own personal guess, but Alaska might just kick in on this idea. Is Alaska big enough?
106 posted on 02/19/2008 11:26:53 PM PST by ArmyTeach ("We have given you a Republic, if you can keep it")
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To: Inyo-Mono

I love Inyo and Mono Counties. I worked in Independence on murder cases years ago when the defendants were found guilty and got the death sentence. Rose Bird (rip) reversed on appeal. Been to Death Valley many times and Scotty’s Mansion (not really his mansion, but another story there).

I only find one thing incorrect in your profile page. Mt. Whitney was not the tallest mountain in the West. Go north about ten miles and you will find White Mountain. Some bureaucratic idiots were shoveling dirt and rocks off of White Mountain to make Mt. Whitney the taller of the two. “Why?” you might ask. Who the heck knows.

Met a nice lady a little north of Independence (County Seat in Inyo). She was there for 80 or 90 years. She wouldn’t sell her water rights, along with about 20 other families, to LA in the early days of So.Cal. She still had a two-inch pipe with the most fabulous water in her home from a stream that came off a mountain. And it was all for free, except the usual maintenance of old pipes.

Do you know the story about the man who walked through Death Valley in the summer months and FROZE to death? Quite an interesting place.


107 posted on 02/19/2008 11:27:54 PM PST by Slip18
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To: Ancesthntr

IOW, make Montana into Switzerland!


108 posted on 02/19/2008 11:29:58 PM PST by Tamar1973 (Riding the Korean Wave, one recipe at a time http://www.youtube.com/Tamar1973)
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To: AGreatPer
Name three cities or towns in Montana.

Billings
Great Falls
Glendive...

Want more?! (Ok...I was born there.)

109 posted on 02/19/2008 11:33:06 PM PST by Tamar1973 (Riding the Korean Wave, one recipe at a time http://www.youtube.com/Tamar1973)
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To: All

When I first saw this a little while ago I got distraught.


110 posted on 02/19/2008 11:36:40 PM PST by wastedyears (This is my BOOMSTICK)
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To: Tamar1973

Just wondering, do you know anything about Wisdom, Mont.


111 posted on 02/19/2008 11:56:33 PM PST by make no mistake
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To: djf
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.

The National Guard is not a militia in the usage of the Constitution. Although articles on the history of the National Guard say that it has been around for 370 years, it did not, as an organization, exist at the time the Constitution was written.
The term 'National Guard' was first adopted by a New York militia unit in 1825 to honor the Marquis de Lafayette, hero of the American Revolution and former commander of the Guarde Nationale de Paris during the French Revolution.
And although individual states' militias may have been transformed into more independent, self-perpetuating organizations receiving state funding that were later known as the "National Guard", it doesn't follow that that is what the Constitution is referring to as the "militia" because the Constitution was written before any such later developments.
112 posted on 02/20/2008 12:01:39 AM PST by aruanan
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To: FR Class of 1998
“I think the feds would use force if necessary to stop a secession.”

Yea, I can see the Feds now, surrounding Montana and using a bullhorn telling them to “Put down your guns and come out!”

113 posted on 02/20/2008 12:08:35 AM PST by Herakles (Diversity is code word for anti-white racism)
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To: GOP_Raider
I'm more of an Idaho guy myself...

And here I thought they shared a long border...
114 posted on 02/20/2008 12:31:18 AM PST by GLDNGUN
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To: Rennes Templar
"New double-wide at 100k, 100 acres at 10K per acre, so around $1.1 million, at least where I live." What! 10K per acre? I thought it was something like $.50 to a $1 an acre out there? Damn! All I could afford would be 5 acres with a double wide!
115 posted on 02/20/2008 3:20:28 AM PST by CapnJack
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To: Bear_Slayer
Agreed, the black robe ruling wont initially do much, but the stage will be set for future [ie lifelong] battles to chip away at the laws in place.

I hope the filings are ready to go when the gavel drops. If not, the libs will certainly counter attack and regain the initiative...

LFOD...

116 posted on 02/20/2008 5:05:04 AM PST by Gilbo_3 (Vote for Principle to inspire Conservatives to service...LFOD...)
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To: wastedyears
why distraught? this is a small sign that the sleeping giant might be starting to wake up...

LFOD...

117 posted on 02/20/2008 5:13:21 AM PST by Gilbo_3 (Vote for Principle to inspire Conservatives to service...LFOD...)
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To: yefragetuwrabrumuy

That won’t last long. The west is drying up. A few more years of this and the population will drop in a BIG way.


118 posted on 02/20/2008 5:40:00 AM PST by ScratInTheHat (Don't like my immigration stance? I'm dyslexic. PC keeps sounding like BS to me!)
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To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ..
We live in interesting times.

Click the Gadsden flag for pro-gun resources!

119 posted on 02/20/2008 5:40:52 AM PST by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: coloradan; Joe Brower

WAY too cold for me!


120 posted on 02/20/2008 5:48:16 AM PST by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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