Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Hugh Hewitt Responce
Bidimus1

Posted on 01/09/2013 12:46:14 PM PST by Bidimus1

Hugh Hewitt on Tue Jan 8 2013 asked for a legal argument against taxing arms out of existance. Here is what I sent him.

I heard on your show Tues the 8th of Jan. A call for those of us that support the constitution to find a argument againt the taxiation to the point of elimination of the sales of arms.

I am not a lawyer but do try to think critically.

My first argment is this.

Fundemtnal Rights are equal. This can be supported but McDonald v Chichago.

Fundamental right deserving of protection. Evidence from the periodimmediately following the Amendment’s ratification confirms thatthat right was considered fundamental. Pp. 22–31. (ii) Despite all this evidence, municipal respondents argue thatMembers of Congress overwhelmingly viewed §1 of the Fourteenth Amendment as purely an antidiscrimination rule. But while §1 does contain an antidiscrimination rule, i.e., the Equal Protection Clause,it can hardly be said that the section does no more than prohibit discrimination. If what municipal respondents mean is that the Second Amendment should be singled out for special—and specially unfavorable—treatment, the Court rejects the suggestion. The right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated inan evenhanded manner. Pp. 30–33

As such one must look to other fundemtal rights and the manner in which they have been infringed and later remedies applied.

The case that comes first to mind is Harper v. Virginia State Board of Elections.

Annie E. Harper, a resident of Virginia, filed suit alleging that the state's poll tax was unconstitutional. After a three-judge district court dismissed the complaint, the case went to the Supreme Court. This case was decided together with Butts v. Harrison ( http://www.oyez.org/cases/1960-1969/1965/1965_48 )

which held

"We conclude that a State violates the Equal Protection Clause of the Fourteenth Amendment whenever it makes the affluence of the voter or payment of any fee an electoral standard. Voter qualifications have no relation to wealth nor to paying or not paying this or any other tax"

As the franchise is a fundemtal right and is protected against the use of a Tax to descriminate so must all Fundemental rights be protected.

To make this even more on point the 14th amendment due processs clause is the basis for both the McDonald and Harper cases.

I hope this is of of some value to you in your thnking on the subject.


TOPICS: Your Opinion/Questions
KEYWORDS: gun; tax; vanity

1 posted on 01/09/2013 12:46:20 PM PST by Bidimus1
[ Post Reply | Private Reply | View Replies]

To: Bidimus1

“The power to tax is the power to destroy”

McCulloch v. Maryland


2 posted on 01/09/2013 12:49:07 PM PST by A_Former_Democrat
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bidimus1

How would the far left fringe react to a $1B per abortion tax on that exercise of the fundamental right to privacy in the Penumbra of the Constitution? How about a $100,000 per word tax on anything published by the press, a right guaranteed by the First AMendment? Or perhaps a charge of $10M to choose a jury trial rather than a trial with only a judge? Using a punitive tax to restrict a fundamental human right is evil. Using a punitive tax to restrict a basic constitutional right is unconstitutional and illegal.


3 posted on 01/09/2013 12:50:30 PM PST by Pollster1 (Freedom is never more than one generation away from extinction. - Ronald Reagan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bidimus1

After Justice Roberts’ appalling opinion in the Obamacare case, I’m not sure there is a winning legal argument against this.


4 posted on 01/09/2013 12:53:32 PM PST by colorado tanker
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bidimus1
I certainly hope that you ran this through a spell and grammar check before sending it to Hewitt.
5 posted on 01/09/2013 12:54:55 PM PST by A.A. Cunningham (Barry Soetoro can't pass E-verify)
[ Post Reply | Private Reply | To 1 | View Replies]

To: A.A. Cunningham

Apparently the critical thinker needs an equally critical editor...


6 posted on 01/09/2013 12:58:56 PM PST by gov_bean_ counter (Hope and Change has become Attack and Obfuscate.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Bidimus1

Attach an amendment to every gun tax bill requiring the an equal tax on voting.


7 posted on 01/09/2013 12:59:14 PM PST by DManA
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bidimus1
Hewitt didn’t care about the first AW ban because he didn’t think anyone needed a “machine gun”. He is a CINO and member in good standing of the GOPe.
8 posted on 01/09/2013 1:02:07 PM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #9 Removed by Moderator

To: gov_bean_ counter; A.A. Cunningham

It still beats the hell out of some of the texts I get or the posts I see on FB... LOL.


10 posted on 01/09/2013 1:03:26 PM PST by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Bidimus1
FRiend, a little proof-reading and spell check wouldn't hurt...

Impeach the kenyan or secession.


11 posted on 01/09/2013 1:04:01 PM PST by ex91B10 (We've tried the Soap Box,the Ballot Box and the Jury Box; ONE BOX LEFT!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: b4its2late

U got that rite!!!


12 posted on 01/09/2013 1:05:05 PM PST by gov_bean_ counter (Hope and Change has become Attack and Obfuscate.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: colorado tanker

“After Justice Roberts’ appalling opinion in the Obamacare case, I’m not sure there is a winning legal argument against this.”

You are more right than you know. The 0bamacare opinion probably wasn’t the mortal blow to the Rule of Law and legal respect for our Constitutional Republic.

It was the autopsy report.


13 posted on 01/09/2013 1:11:18 PM PST by henkster ("The people who count the votes decide everything." -Joseph Stalin)
[ Post Reply | Private Reply | To 4 | View Replies]

To: gov_bean_ counter

LOL!


14 posted on 01/09/2013 1:20:15 PM PST by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Bidimus1

How about taxing Hollywood for violence in movies?
They want hire taxes. /sarc


15 posted on 01/09/2013 1:27:41 PM PST by cruise_missile
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bidimus1

Spelling and punctuation on FR is trending downward of late.


16 posted on 01/09/2013 1:51:21 PM PST by lurk
[ Post Reply | Private Reply | To 1 | View Replies]

To: colorado tanker
After Justice Roberts’ appalling opinion in the Obamacare case, I’m not sure there is a winning legal argument against this.

Your point is telling and true. What does any winning argument look like these days? I have no confidence in our rule of law anymore. And that is a HUGE problem for society. It was once said (I forget who) that a nation of laws only remains so as long as the citizenry respects and honors the laws.

Someone else discussed the idea (maybe Ayne Rand) that a tyrannical government will pass laws that cannot or should not be followed in order to be able to label anyone a criminal.

When you think about these two ideas, they are converging at a surprising rate. Between Healthcare, 2A, Taxation, etc. and the lack of faith in our federal governments respect/adherence for/to the constitution, I see REVOLT at the intersection of the two.

Otherwise good, patriotic and law abiding citizens will soon be labeled criminals through the evisceration of God given rights by legislation. They will be faced with a conundrum. They will consider the lesser of evils when such a conundrum requires them to pick an allegiance. Do they follow law that is prejudiciously enforced and goes against our founding principles? Or do they remain faithful to the original laws (Constitution), thus committing a crime, and steel themselves for a fight if it should ever come to that?

That is how the next revolution will start. I doubt there will be much shooting, but it will split the nation.

17 posted on 01/09/2013 1:55:29 PM PST by Tenacious 1 (The Click-&-Paste Media exists & works in Utopia, riding unicorns & sniffing pixy dust.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: henkster

The Roberts opinion doesn’t seem to recognize any limits to the government’s taxing power. The consequences of that opinion in the hands of liberals could be unimaginably horrid.


18 posted on 01/09/2013 1:55:48 PM PST by colorado tanker
[ Post Reply | Private Reply | To 13 | View Replies]

To: Bidimus1

Woo Hoo for spell checkers! : )


19 posted on 01/09/2013 2:25:23 PM PST by SaraJohnson
[ Post Reply | Private Reply | To 1 | View Replies]

To: lurk

I have to confess I’ve had problems lately. When I post from my iPad strange things happen sometimes...


20 posted on 01/09/2013 3:15:18 PM PST by Kozak (The Republic is dead. I do not owe what we have any loyalty, wealth or sympathy.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Tenacious 1

Don’t be too discouraged. In the past the gun grabbers have just passed eyewash legislation that leaves 99% of guns and owners legal. Then they congratulate each other and give each other awards for “doing something.”


21 posted on 01/09/2013 3:16:29 PM PST by colorado tanker
[ Post Reply | Private Reply | To 17 | View Replies]

To: colorado tanker

I think Roberts’ opinion implicitly declares that there are no limits whatsoever on the power of the Federal Government over the people. Enjoy meeting your quota, comrade.


22 posted on 01/09/2013 5:16:22 PM PST by henkster ("The people who count the votes decide everything." -Joseph Stalin)
[ Post Reply | Private Reply | To 18 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson