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To: Carry_Okie

While I definitely agree with you that states and their subdivisions are responsible for the enforcement of local laws, the real issue is whether the local law in question can withstand constitutional scrutiny. In this particular case, I think you would agree with me that the law in does not comport with the Second Amendment, as applied to the states under the McDonnell standard. If you have a law that violates the Constitution, anything done under the authority of that law (or any related regulations) is (or certainly should be) void ab initio. Where a law is constitutional, I would certainly agree with you that local laws and regulations dealing with enforcement are a state or local matter, though very much subject to due process requirements. I don’t even think we get to that point, however, as the law in question is being challenged on purely Second Amendment grounds. I don’t think that the Supreme Court (if it gets to that level, and I suspect that it will in a couple of years) will even address any due process issues, except perhaps as dicta.

By the way, I fully agree with you that there should be militia training, and every single state should have laws and regulations to effectuate the goal of having a more prepared population. We face a situation that is almost the exact opposite of Israel last October 7: they were poorly armed, but well trained (on the whole). We are well armed, but poorly trained (on the whole, and certainly in small unit tactics). We should rectify that situation, and thereby Be able to deter any such attack upon our country with a far greater probability.


11 posted on 06/24/2024 7:24:58 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." - The Weapons Shops of Isher)
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To: Ancesthntr

Pardon the errors, but Siri apparently doesn’t speak English very well.


12 posted on 06/24/2024 7:25:48 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." - The Weapons Shops of Isher)
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To: Ancesthntr
the real issue is whether the local law in question can withstand constitutional scrutiny.

The question can also be expressed in the reverse. Our federal system allows the differentiation that is the laboratory for liberty. It is the 14th that not only unified Federal "protections" under the BOR, but turned DC into one-stop-shopping for political corruption far from the supposedly watchful eyes of the people. For example, as things are now due to an abominal Warren Court, the people CANNOT institute laws respectful of their free exercise of religion, such as prohibitions against blasphemy or standards of sexual conduct. In that regard I think the 14th has gone WAY beyond its (at least partially corrupt) originalist intent.

13 posted on 06/24/2024 7:54:11 AM PDT by Carry_Okie (The tree of liberty needs a rope.)
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To: Ancesthntr

BTW, glad you liked the article. It scares most people, as it should. I’d hate to see militia training in Democrat hands.


14 posted on 06/24/2024 7:55:41 AM PDT by Carry_Okie (The tree of liberty needs a rope.)
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To: Ancesthntr
I just ran across this post of yours again whilst doing a search. I just wanted to thank you for taking that article seriously, as its implicatiions go very deep. Few understand them, and it's never been posted on FR.

It's a scary idea to put compulsory militia training in the hands of the States, but this is where the Feds should be a unifying force, as an executive could not exercise command without uniform training standards. The problem is of course if the military and the government are dominated by Democrats and said standards become DEI etc. but by then, we're screwed anyway. At least the people will then have the skills and command structure to reisist in pockets.

In general, I think the 14th did enormous damage to Federalism, particularly culturally. I'm hoping the book I'm working on will help redress those mistakes.

20 posted on 08/02/2024 7:33:32 AM PDT by Carry_Okie (The tree of liberty needs a rope.)
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