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To: USFRIENDINVICTORIA

Dear Brother or Sister to the north, thanks for the reply...

You point out a very important point in your 3rd paragraph in that the second amendment does “...not have the right to stroll down the street with a revolver, blithely playing Russian Roulette by pointing the gun at passersby.” Which is correct in that doing so violates the constitutional right to life and that life not being threatened. It’s also called acting responsibly and with due regard. In other words, the second amendment did not need that specified in that it acknowledged the right to arms and the assumption of the right as acknowledged comes with acting responsibly with that right.

In the instances you mention I do not contest that some say its constitutional, same for most, if not all of it, having little to no judicial review or having it at least come before the court. However, that does not make it constitutional.

I pray to God for many successful lawsuits to curb the ever expansive nature of tyrant-like governors who are desperate to make this their new normal.


104 posted on 05/03/2020 9:53:16 AM PDT by ICE-FLYER (God bless and keep the United States of America)
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To: ICE-FLYER

There will be lawsuits — and many will be successful.

Duly-passed laws are considered to be constitutional, until a court with jurisdiction rules otherwise. The quarantine laws have been around for a long, long time. I don’t know the legal history of those laws; but, it’s a safe bet they have been challenged many times. No doubt, there will be a great many lawsuits over the never-seen-before events of recent months. Little doubt, several of them will be successful. Some governors have gone to extremes, and if they can’t prove their measures were warranted, they may be ruled unconstitutional.

However, IMHO, it’s highly unlikely that the general thrust of the quarantine laws will be found unconstitutional. Such laws date back to antiquity — every jurisdiction has them on the books. They are universal and lasting. That doesn’t mean they haven’t been abused; but, it does mean that they can’t just be rejected out-of-hand.

The key is, as you mentioned, ‘acting responsibly and with due regard’. It’s much, much better for governments to inform us (with actual facts), and ask us to do the right things; rather than commanding us to do those things. I think some of the restrictions have gone too far (why not allow walks in the park, or sunbathing at the beach?). But if some people don’t act responsibly and with due regard, how else can other people be protected from their irresponsibility and reckless disregard for the safety of others?


130 posted on 05/04/2020 2:47:54 PM PDT by USFRIENDINVICTORIA (w)
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