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To: Cboldt; All
"Scalia, in the Heller decision, held that unconstitutional prohibitions become constitutional by being long standing."

With all due respect to late Justice Scalia, please consider the following.

If I understand him correctly, if it weren't for his 2A tunnel vision imo, same problem that many pro-2A patriots have imo, it would have made more sense for him to argue no express constitutional power to justify peacetime restrictive federal arms laws instead of volunteering "long standing" argument which effectively nullifies Constitution’s Article V imo.

In fact, consider legislation introduced by former Arizona federal Rep. John Shadegg which corrupt Congress wrongly threw in circular file.

Enumerated Powers Act would have required Congress to justify all legislation with constitutionally enumerated powers.


"The feds aren't going to start following the constitution as we see it."

Again, the problem is that patriots have likewise forgotten the significance of the necessity of constitutionally enumerated federal government powers. And us FReepers are working on that problem.

60 posted on 02/11/2021 6:00:09 PM PST by Amendment10
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To: Amendment10
-- Enumerated Powers Act would have required Congress to justify all legislation with constitutionally enumerated powers. --

The House does that now, without a legislative mandate to itself.

CRS R44729

Clause 7 of Rule XII requires that each bill or joint resolution introduced in the House be accompanied by a Constitutional Authority Statement citing the power (s) granted to Congress in the Constitution to enact the proposed law.

What Scalia's twisted logic was used for, was to enable law that SCOTUS found unconstitutiuonal decades earlier. It (SCOTUS) then allowed lower courts to misinterpret the precedent for decades. Thus the long standing application of law that SCOTUS had held to be unconstitutional, SCOTUS decided became constitutional because SCOTUS liked the law after all.

In partiucular the Miller precedent. But too, Presser was applied for the opposite of what it said, for decades. Legal academia and the courts are intellectually dihonest. Similar to so-called climte "science" and COVID "science," the people in power make it up and bury the reader in reams of prose.

63 posted on 02/11/2021 6:13:17 PM PST by Cboldt
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To: Amendment10
-- ... the problem is that patriots have likewise forgotten the significance of the necessity of constitutionally enumerated federal government powers. --

If there was an effective way to keep the feds in bounds, we wouldn't be in this situation today. The public wants a father/mother government, and by golly, universal suffrage will give it to us.

64 posted on 02/11/2021 6:15:44 PM PST by Cboldt
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