Posted on 06/24/2022 9:41:21 AM PDT by upchuck
That’s my celebration drink.
Yesterday and today’s SC decisions hopefully will finally lead millions of scumbag liberals to leave the country for good.
So wise.
You can spend the $5 to rent it or just put on MSNBC this weekend and watch the same for free!
I’ll go MSNBC.
Well cheers for the overturn of an unconstitutional federal decision in Roe v. Wade. But my initial cheer for the gun ruling is muted.
After reading the Supreme Court opinion in NYState Rifle & Pistol Assn Vs. Bruen, I have to say that, unlike the Dobbs ruling overturning utterly unconstitutional Roe v. Wade federal abortion mandate on the states, this ruling is just another unconstitutional federal interference with state law.
Part of what made Roe unconstitutional was the feds interference with state anti-abortion laws. Everybody on the Right seems to get that. What everybody doesn’t seem to get is when a federal ruling interferes with state law the Right doesn’t like, as in this case with NY State.
No matter. Constitutionally, states are sovereign with powers largely independent for the feds as as confirmed by the 9th and 10th Amendments. So this seems like a short-term victory for freedom lovers, but it is actually not a victory for us. And the LAST thing we need is MORE unconstitutional federal power.
Stay tuned, and I’m sure I’ll get flamed for this post. But the Right needs to stand for more than what the Left stands for. The Left stands for what they want regardless. The Right must stand for the FREEDOM OF A CONSTITUTIONAL REPUBLIC which means states are essentially free from the feds but very depend on the people of that state.
“Part of what made Roe unconstitutional was the feds interference with state anti-abortion laws. Everybody on the Right seems to get that. What everybody doesn’t seem to get is when a federal ruling interferes with state law the Right doesn’t like, as in this case with NY State.”
The niggling detail that makes all the difference is that the RKBA is an Enumerated Right that should NEVER have been the subject of ANY Law, State or Federal.
By contrast, there never was any validity to the claim the there was any Constitutional right to abortion; it certainly isn’t Enumerated, and the fuzzy-wuzzy BS about “emanations and penumbras” was never more than Judicial smoke and mirrors. As such, the issue was ALWAYS a States Rights issue that NEVER should have entered into Federal jurisdiction, MUCH LESS been unduly elevated to the stature of a Constitutional Right.
Succinctly:
Abortion NEVER was a Constitutional right, so it was always in the purview of the States to decide severally.
The Right to Keep and Bear Arms was ALWAYS a Constitutional Right, so it has NEVER been the purview of the States.
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding." - US Constitution
"Part of what made Roe unconstitutional was the feds interference with state anti-abortion laws."
No. That's not part of the issue at all. Roe was wrong because the Constitution is silent on abortion, not because a federal ruling interfered with state laws. That's kind of what federal rulings do.
What many don’t understand is the Constitution does not dispense rights. The Declaration of Independence, the foundation of the Constitution, declares that our rights and freedoms don’t come from man or his government but from God. That’s why faith is an essential factor in gaining and maintain freedom.
The Declaration of Independence, the first foundational document of our country, declares that man not government is created with unalienable rights and freedoms. That key presumption of the Constitution is why ONLY the Constitution ratified by the states and the people DELEGATE AND AUTHORIZE certain limited and enumerated powers to the government. If it’s not in the Constitution, it is not a federal power.
The states and the people are another matter. As the 9th and 10th Amendments explain, if it’s not in the Constitution it IS a state’s power. State’s rights and sovereignty is no “niggling detail.” It is the bedrock and backbone of our Free Constitutional Republic.
State are considered to be local government ruled by the people of that state. It is up to the people of each state to exercise their freedoms for state governance according to their will although one constitutional requirement is a state must have a “republican [representative] form of government”. The assumption also is that if somebody doesn’t like what a state has done, they can move to another state. But with a rogue federal government, there’s nowhere else to go.
And contrary to the popular misunderstanding put there gleefully by those those love government coercion, the first 10 amendments are NOT a bill of rights, again, as explained by the 9th and 10th Amendments. (Remember dictatorships like Russia have long lists of “bills of rights” presumed to be dispensed by a benevolent government that can just as easily be withdrawn by a not-so-benevolent government.) That is what makes America a truly exception country.
Freedom isn’t prefect and doesn’t always come out the way we want, but it is way ahead of whatever’s in second place.
No you’re presumptions about the Constitution are in error as it is with many much because the deceiving Left purposefully arranged for people to not be educated about our founding, the Declaration of Independence, and the Constitution.
If it’s not in the Constitution, it is not a federal power.
I’ll re-post what I just posted to someone else...
What many don’t understand is the Constitution does not dispense rights. The Declaration of Independence, the foundation of the Constitution, declares that our rights and freedoms don’t come from man or his government but from God. That’s why faith is an essential factor in gaining and maintain freedom.
The Declaration of Independence, the first foundational document of our country, declares that man not government is created with unalienable rights and freedoms. That key presumption of the Constitution is why ONLY the Constitution ratified by the states and the people DELEGATE AND AUTHORIZE certain limited and enumerated powers to the government. If it’s not in the Constitution, it is not a federal power.
The states and the people are another matter. As the 9th and 10th Amendments explain, if it’s not in the Constitution it IS a state’s power. State’s rights and sovereignty is no “niggling detail.” It is the bedrock and backbone of our Free Constitutional Republic.
State are considered to be local government ruled by the people of that state. It is up to the people of each state to exercise their freedoms for state governance according to their will although one constitutional requirement is a state must have a “republican [representative] form of government”. The assumption also is that if somebody doesn’t like what a state has done, they can move to another state. But with a rogue federal government, there’s nowhere else to go.
And contrary to the popular misunderstanding put there gleefully by those those love government coercion, the first 10 amendments are NOT a bill of rights, again, as explained by the 9th and 10th Amendments. (Remember dictatorships like Russia have long lists of “bills of rights” presumed to be dispensed by a benevolent government that can just as easily be withdrawn by a not-so-benevolent government.) That is what makes America a truly exception country.
Freedom isn’t prefect and doesn’t always come out the way we want, but it is way ahead of whatever’s in second place.
The second ammendment IS a Constitutional Right ...clearly spelled out.
Roe vs. Wade on Abortion was never a Constitutional Right...nowhere is it metioned in our Constitution or the Bill of Rights.
Therein is the difference.
The Dobbs (abortion) case: The US Supreme Court decision is constitutionally sound. The Court has jurisdiction over the unconstitutional Court decision in Roe v. Wade and finally overturned it. Roe v. Wade was unconstitutional because 1) the feds have no constitutional authority regarding abortions and 2) the feds have no jurisdiction over state abortion laws.
The Bruen (gun) case: The US Supreme Court decision is constitutionally unsound because the Court has no jurisdiction over NY State gun laws. This appears to be a victory for our Free Constitutional Republic, but it in not because it strengthens more unconstitutional federal power over the states. The greatest threat to our lives and wellbeing is the unconstitutionally unlimited and totalitarian power of the federal government.
They are more than presumptions, and they're not in error.
"If it’s not in the Constitution, it is not a federal power."
But the 2nd Amendment is in the Constitution, and you are objecting to a ruling based on it.
"What many don’t understand is the Constitution does not dispense rights. The Declaration of Independence, the foundation of the Constitution, declares that our rights and freedoms don’t come from man or his government but from God. That’s why faith is an essential factor in gaining and maintain freedom."
While that may be, it has absolutely no legal significance. It would be the same if the Constitution did dispense the rights. It's same result.
The rest of the preaching isn't relevant to the point at hand.
Incorrect. The 2nd Amendment applies to New York, just like the 1st and 4th and others. This was intentionally done through the constitutional process via the 14th Amendment.
Man, you’re kinda confused there, mlo.
The Constitution gives the feds NO power to regulate state gun laws. The 2A is aimed directly and exclusively at the feds and nowhere else.
Because you have no answers for the rest of what I say which is very relevant to the original understanding and intent of the Constitution, you just blithely sweep away the absolutely important presumptions of the Constitution in the blink of an eye.
Amazing. And you’re a FReeper who’s against unconstitutional federal government power? Hard to believe that one.
"The Constitution gives the feds NO power to regulate state gun laws. The 2A is aimed directly and exclusively at the feds and nowhere else."
I'm not the confused one here. The 2nd Amendment, like the 1st, does apply to the states. But I've already said that. Just because you aren't familiar with that doesn't mean it doesn't exist. You just aren't aware, apparently. But it's a fact.
"Because you have no answers for the rest of what I say..."
There were no meaningful questions in the rest.
"Amazing. And you’re a FReeper who’s against unconstitutional federal government power? Hard to believe that one."
I am. Since 1997 in fact. But it's important to know what the Constitution actually says. And you're a freeper who doesn't apparently.
So to repeat again, the individual rights in the Bill of Rights were extended to apply to the states with the passage of the 14th Amendment. It took varying lengths of time for a case to reach the Supreme Court that caused them to make a formal ruling about that for each, but that was the intent of the 14th when it was proposed. For the 2nd, that case was Heller. The 2nd does apply to the states. They are required to comply with it. And that's why this court ruled the way it did on Thursday.
“ Many understand that the Left has NO coherent, supportable argument for what they are for or against.”
Of course they do. You need to study up if you want to beat them.
“ Basically, the Right stands for constitutional freedom and limited government”
Which is why the Left is winning. Government must be active, muscular, and determined to crush leftism wherever and however it appears. If you subscribe to Reaganite stupidity “government IS the problem” - when the bolsheviks get strong, as they are now, who will stop them? Rand Paul? Don’t be stupid.
Man, if you’re not one already you’d make a great agent for the Left.
The fight my fine feathered FReeper is about FREEDOM. And FREEDOM NOT GOVERNMENT is what made America the mightiest nation in the world.
Don’t be stupid.
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