Posted on 05/13/2009 7:09:41 PM PDT by 2ndDivisionVet
The right to bear arms is famously and specifically referenced in the Second Amendment to the U.S. Constitution. Alas, for advocates of the right, the language of the amendment gets tangled up in the regulating of militias and the interpretation of commas. Now a multistate movement is trying to find more robust constitutional support in another amendment, which makes no mention of weaponry at all.
The 10th Amendment declares, "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." It inspired the so-called Sagebrush Rebellion that swept the West three decades ago, preventing the federal takeover of public lands pushed by the Carter Administration and propelling the self-proclaimed Sagebrush Rebel, Ronald Reagan, to the presidency. Now the Amendment is being invoked by pro-gun advocates to press for state, rather than federal, regulation of gun manufacturers.
Montana has passed a law allowing local gun manufacturers to sidestep federal regulations as long as the weapons they make are sold within the territory of the state. "It's a gun bill, but it's another way of demonstrating the sovereignty of the state of Montana," Democratic Governor Brian Schweitzer said, according to the AP, as he signed the bill into law in mid-April. "I like big guns, I like little guns, I like pistols, I like rifles, and I would like to buy a gun that's made in Montana."
(Excerpt) Read more at time.com ...
The 10th Amendment as a battlefield?
It, and its sister the 9th, have been stomped into the ground so badly that they can’t even raise their heads.
You know the Republican Party has testicles the size of bacterium after reading Governor Schweizter’s - A FRIGGIN’ DEMOCRAT - comments on this.
How bad do you want it to work?
>>But Heller breathed some life back into the 2nd, itself the guarantor of our system of government.
We need to take solace where we can. I am glad it is Souter to be replaced. A lib:lib exchange is no net loss.
If one million armed citizens (much less than 1% of the populace) marched on Washington, DC, we’d get whatever we wanted without firing a shot.
Yeah sure - that's why the Supreme Court hides under their desks whenever a 2A case comes before them - because they don't know what it means.
This sounds more series than a tea party. Count me in.
L
>>If one million armed citizens (much less than 1% of the populace) marched on Washington, DC, we’d get whatever we wanted without firing a shot.
>
>This sounds more series than a tea party. Count me in.
Serious... if you want people to take you seriously then you need to be serious, not series.
IIRC, they were mostly unarmed.
This is the best strategy freedom lovers have had in decades.
First, what Montana has done is taken away the “Interstate Commerce” clause from the Feds, who have misused that element of the USC since FDR’s days. By passing a law that a handgun manufactured in Montana and sold in Montana to a resident in Montana makes it purely a Second Amendment issue, with not strings attached that the Feds can use to restrict the handgun.
Second, it is a brilliant combination of the Second and Tenth Amendments. Attempts that focus solely on one aspect of a state’s sovereign rights usually fail because there is some precedent that enables a higher court to overturn it. By incorporating the rights guaranteed “to the people” and “to the states” into a single legislative act ensures that the legislation has two sturdy legs.
Third, this is being passed by a Democrat governor in a state that, although it is fairly free, has a large number of wealthy liberals (think Robert Redford). To oppose this would enable those who support the governor (that is, liberals and conservatives) to ban together to fight judicial tyranny.
Let me put it this way. If what Montana is doing does not work, the only realistic option is the Texas option: secession. Taking away the income tax from the Feds’ simply isn’t realistic.
I'll tell you what. You get started organizing your armed march on DC. Let's schedule it for July 4th.
Get back to me a month from now.
L
Don’t tempt me...
Temptetion? Me? Why perish the thought Mrs. McGillicutty.
The use of “series” for “serious” is a running inside joke here.
I agree. What is the matter with saying the Supreme Court erred in it’s decision (if it comes to that), this is a Montana option as guaranteed by the Constitution. Enforcing any federal statute on guns purchased in Montana, manufactured there and bought by the citizens of Montana shall be a felony and federal agents will be subject to arrest.
"It is part of the populist state-sovereignty movement, the sense there is so much power in Washington," says Stephen P. Halbrook, a Virginia attorney who has argued several important Second Amendment cases before the Supreme Court, including, most recently, a successful case overturning the Washington, D.C., gun ban.
No mention of the landmark individual right part of the decision.
In fact, they act as though Heller was never decided at all:
Alas, for advocates of the right, the language of the amendment gets tangled up in the regulating of militias and the interpretation of commas.
Not since the Heller decision it hasn't gotten tangled up like that.
If that were to happen, I don’t think THAT ONE would be cracking any jokes about it afterward like he has and the DUh-bama zombies have been doing since April 15th.
It's not just a running joke, it's hugh!
since we are on the topic of States Rights.
What can stop a State like Montana from just cutting off the Federal Government? Stop Sending All Federal Reserve Credits immediately to the Feds and tell them the Constitution forbids the State from “making anything but Gold and Silver a tender in payment of debt” and that since “no State shall Coin Money” we have nothing for you, and should any of your employees attempt to harass any of our citizens we Will Put Them In Jail for a Very Long Time.
The way i read the Constitution I have never been Legally Paid for anything since I was 10 years old(we had real money til 65). Why is receiving Federal Reserve Notes (credit) considered to be income of any kind? Can Credit be Taxed? HAs anyone ever read the Constitution?
This would create a much needed Crisis to Finally Abolish the Federal Reserve and go back to a sound currency as The US Constitution so states.
“Cavalry supported by six tanks were dispatched with Chief of Staff General Douglas MacArthur in command. Major Dwight D. Eisenhower served as his liaison with Washington police and Major George Patton led the cavalry.”
http://www.eyewitnesstohistory.com/snprelief4.htm
Using military force on mostly peaceful Americans had it’s rewards in the FDR administration.
;-/
“First, what Montana has done is taken away the “Interstate Commerce” clause from the Feds”
How do you figure that?
This will probably go to the Supreme Court, and most likely the Court will reaffirm the Interstate Commerce Clause.
For everyone who thinks that the military will not turn on the citizens, this should be a required read. These were not only citizens but honorably discharged war veterans. I also vaguely remember Kent State happening after I got home. Wasn't the National Guard involved there?
If this thing goes as far South as it sems to be going, I sure won't stand up and cheer when the tanks roll into the neighborhood!
The law draws a line around Montana (a line that used to be known as the state line and that used to be sufficient to protect states’ rights) and says, essentially, “What we do within this line is our business and the 2nd and 10th Amendments protect that right. According to the USC, the federal government has zero jurisdiction.”
One note to clarify - Hoover ordered the Bonus Army removed. FDR paid the blood money. Then as now, the Washington clique takes care of its own.
This is the absolute truth. The 2nd Amendment was put in place by the Framers as a protection against the exact scenario we find ourselves in today.
Honestly, I don't know why people even bother arguing politics and discussing the treasons and stupidity of the left at this point. The answer to all of this is staring us right in the face.
The game pieces have moved. The time for talking has passed. It's time for action.
Incidentally, I wrote “yet” parenthetically above to echo what I’d written earlier. The federal tyrants have used the interstate commerce clause to restrict liberties expressly protected by the USC.
The interstate commerce clause was intended to referee trade between the states, and that’s about it. It was never intended to be used by the federal government to “infringe” upon the rights specifically protected in the Bill of Rights, especially the Second Amendment.
They’ve gotten away with this tyrannical lie for far too long.
I’m glad Montana is taking a stand.
Ping.
Why isn't it the "advocates" of the left that get tangled up in the regulating of militias and the interpretation of commas? Time magazine?, no bias there. Die effen MSM.
More constitutional amendments for you!
“If one million armed citizens (much less than 1% of the populace) marched on Washington, DC, we’d get whatever we wanted without firing a shot.”
I take it that you are being facetious.
Agent provocateurs within the march would make sure that the entire event was thoroughly discredited in the minds of everyone not involved in the march. Conservative pollyannas who believe that elements of the federal leviathan would not organize, assist or even lead the agent provocateurs are tragically deceived.
The path to restoration of the Constitution is through the States and State legislatures.
The crooked federal judiciary will not allow this to stand.
I applaud the Governor of Montana for signing the bill, but if Montana really wants to make a difference, they need to start enforcing the 10th amendment immediately.
FYI
"United States Militia Title 10, United States Code, Section 311: (a) The militia of the United States consists of all able-bodied males of at least 17 years of age and, except as provided in section 313 of title 32, under 45 year of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are commissioned officers of the National Guard. (b) The classes of the militia are - (1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia."
The above is under control of the President. The following are volunteer State Guard groups that are can only be mobilized as directed by a State Governor. They are volunteer Militias/Guards/Reserves as designated by their State Authority.
Yes, isms are indeed a bad thing. Socialism, Communism, Progressivism..
To borrow from Clint - One day, we’re going to have a serious disagreement.
I swore an oath too brother. Go to www.oath-keepers.blogspot.com, if you haven’t already. The military and law enforcement are not the “useful idiots” they might seem - patriots most all. The remainder will end up “overboard” when it comes down to it.
I'll check it out. Thanks. BTW, the VetsCoR sidebar was once a good thing. We just couldn't get enough Vets involved. Seemed they just wanted to do their American Legion, VFW, etc. fraternal thing.
They all do good stuff, but I have personal knowledge that they no longer pay attention to what is happening to the Country they fought for. They did their duty, now it's about re-hashing old times. What a shame.
I'm a Patriot Guard Rider (PGR) member, and the times I've spent with them when honoring our fallen, they don't want to talk about the abuses to our Constitution. I look at them in wonder...
I'll check it out. Thanks. BTW, the VetsCoR sidebar was once a good thing. We just couldn't get enough Vets involved. Seemed they just wanted to do their American Legion, VFW, etc. fraternal thing.
They all do good stuff, but I have personal knowledge that they no longer pay attention to what is happening to the Country they fought for. They did their duty, now it's about re-hashing old times. What a shame.
I'm a Patriot Guard Rider (PGR) member, and the times I've spent with them when honoring our fallen, they don't want to talk about the abuses to our Constitution. I look at them in wonder...
FYI: The 2nd Amendment is SELF-incorporated to all government entities at every level. It is MORE ABSOLUTE than the 1st Amendment, or any of the others, because the wording forbids not only CONGRESS, but ANYONE from infringing on it. The 1st says “Congress shall make no law...”. The 2nd say “shall NOT be infringed!” Period! End of debate!
Gee, that's only about a year from now...
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