Posted on 07/09/2004 9:19:09 AM PDT by tpaine
This website very insidiously interprets our US Constitution in a pro-Statist manner. IE --- "The Bill of Rights did not apply to the states."
"The Bill of Rights was understood, at its ratification, to be a bar on the actions of the federal government.
Many people today find this to be an incredible fact. The fact is, prior to incorporation, discussed below, the Bill of Rights did not apply to the states."
It is incredible, seeing the author completely ignores the supremacy clause in Art. VI.
He then goes on to bash our 2nd Amendment:
"Recognizing that the need to arm the populace as a militia is no longer of much concern, but also realizing that firearms are a part of our history and culture and are used by many for both personal defense and sport, this site has proposed a new 2nd Amendment - an amendment to replace the 2nd Amendment to the Constitution. This proposed text is offered as a way to spark discussion of the topic.
Section 1. The second article of amendment to the Constitution of the United States is hereby repealed.
Section 2. The right of the people to keep arms reasonable for hunting, sport, collecting, and personal defense shall not be infringed.
Section 3. Restrictions of arms must be found to be reasonable under Section 2 by a two-thirds vote of Congress in two consecutive sessions of Congress before they can be forwarded to the President for approval.
This proposed amendment is a truer representation of how our society views our freedom to bear arms. Because "reasonableness" can be far too elastic, the two-Congress restriction requires that two Congresses in a row pass the same bill - this allows both thoughtful reflection and for the opinions of the people, to be expressed between these votes, to be heard (both at the ballot box and in general). It is an unusual, but not unprecedented, way of passing legislation.
Finally, the courts would have the ultimate authority in determining if a restriction is not reasonable, providing a final layer of protection (after the two pairs of debate in the House and Senate and the President's own agreement). The militia is removed from the equation, greatly clarifying the purpose of the amendment.
Historical note: in Section 2, the "collecting" clause was added, and Section 3 is a replacement for "The Congress shall have power to enforce this article by appropriate legislation" after concerns over "reasonableness" were examined more fully.
Reasonable restrictions do seem to be the way to go, acknowledging the Amendment, but molding it, as we've done with much of the Constitution.
After all, we have freedom of speech in the United States, but you are not truly free to say whatever you wish. You cannot incite violence without consequence; you cannot libel someone without consequence; you cannot shout "Fire!" in a crowded theater without consequence. Why cannot gun ownership by similarly regulated without violating the Constitution?
The trick is finding that balance between freedom and reasonable regulation. Gun ownership is indeed a right - but it is also a grand responsibility. With responsibility comes the interests of society to ensure that guns are used safely and are used by those with proper training and licensing. If we can agree on this simple premise, it should not be too difficult to work out the details and find a proper compromise."
Know you enemy.. This man Steve Mount is NOT a friend of our Constitution.
(Excerpt) Read more at usconstitution.net ...
As I said before, in your world, you think that if a law can be broken without getting caught, then the law doesn't prohibit the action.
That's utter nonsense, hugh. Your manic desire to empower States to outlaw ~evil~ makes you imagine that reasonable regulations on public behaviors are 'prohibitions'. No government has ever been given the power to decree prohibitions.
There are ways to catch prostitution, and put a person in jail for it, while preserving all his/her constitutional rights.
Sure thing hugh, -- in a police state. -- You can't 'catch' an amateur trading occasional sex for some sort of gain, - since it is not a crime, --- not in a free republic.
-- Hell hugh, that's practically the name of the dating game. Even among your bluenose set.
In the News/Activism forum, on a thread titled:
-- Court Says Author Can't Sell His Book on Evading Taxes --
NCPAC wrote:
"But I bet he could sell a bumpersticker that came with a free book."
He probably could. A lot of ticket scalpers advertise such things as "Free football tickets with purchase of $100.00 pen)
A good friend of mine is a DA and he's told me prostitutes in certain cities have recently taken up this angle, as well (Not necessarily the street walkers - but more the "escorts."
They will advertise something (a book, a CD, something - and will deliver it to you, or they will hold it for you and you can pick it up from them, for $X amount.
THAT is what the john is paying for; the item and a "delivery" or "holding" fee involving same.
Anything that the two adults consent to do after that transaction is made is free - and, therefore, not a crime.
"~evil~ "
There you go again. I said nothing about evil. I don't place my prejudices (unlike you) on actions States are free to take, pursuant to the 10th Amendment.
"Sure thing hugh, -- in a police state. -- You can't 'catch' an amateur trading occasional sex for some sort of gain, - since it is not a crime, --- not in a free republic.
-- Hell hugh, that's practically the name of the dating game. Even among your bluenose set."
And yet you have "no problems" with:
"The owner of an county-wide escort business run out of a home on Big Pine Key pled guilty May 27th to four misdemeanor charges and two felony charges relating to his occupation. 48 year old Michael Knezevich, owner of the Heavenly Bodies Escort Service, was arrested April 14th after he was caught during a prostitution sting in Marathon. He was charged with forcing a person to become a prostitute, deriving support from the proceeds of prostitution, offering to procure a person for the purpose of prostitution and with transporting a person for the purpose of prostitution. Sheriff's detectives with the Special Investigations Division were investigating a number of complaints from citizens about the escort service operated by Knezevich, and other escort businesses operating in the County. On April 28th, detectives served a search warrant at his home on Lobstertail Road on Big Pine Key. They found evidence that he was operating the escort service from that location, and found recording devices set up in several areas where it appears he may have been video taping sexual encounters without the knowledge of his partners. They also found two firearms in the house. At the time, Knezevich had a restraining order filed against him which prohibited him from possessing firearms, so he was charged with contempt of court and the guns were seized. He appeared in court on May 27th and pled guilty to a total of four misdemeanor charges and two felony charges. He was sentenced to 10 days in the county jail and received four years of probation. As a part of the plea agreement, he must also sell his home and move out of the county within 90 days. One of the conditions of his probation is that he not engage in any type of escort business and that he have no contact with any victims or witnesses in the cases in question. "
WV is a police state?
(BN? Wrong color and wrong part of the body - red neck)
Thanks for the amusing anecdote. I like it when people use their ingenuity to evade stupid laws. (but I don't think you realize that sumptuary laws can be lawful)
"You can't 'catch' an amateur trading occasional sex for some sort of gain - since it is not a crime, --- not in a free republic."
It is a crime in most states, if the gain is money, and sure you can. It's done all the time in states which are free republics. Stings, search warrants, anonymous tips, undercover cops... all legal.
I came up with that WV case in less than a minute, using google. I could find 100 more. You know it. I know it.
And you have "no problem" with WV's laws. You're a self-contradiction.
Many states have outlawed prostitution, in accordance with their 10th Amendment rights to do so.
And yet you have "no problems" with:
"The owner of an county-wide escort business -- yadda ya -- "
No hughie, I have no problem with the state reasonably regulating the 'escort business'. Get it yet?
It is a crime in most states,
No hughie, - 'outlawing' consensual sex is an infringement upon life & liberty.
if the gain is money, and sure you can. It's done all the time in states which are free republics. Stings, search warrants, anonymous tips, undercover cops... all legal.
I can hear your deep bluenosed breathing from here hughie. You do love police state tactics, don't you? What a loonie.
I came up with that WV case in less than a minute, using google. I could find 100 more. You know it. I know it.
Come up with some cases where amateurs have been subject to "Stings, search warrants, anonymous tips, undercover cops" -- and then convicted of prostitution. Betcha can't, hughie..
And you have "no problem" with WV's laws. You're a self-contradiction. Many states have outlawed prostitution, in accordance with their 10th Amendment rights to do so.
You have never established that States have such "rights".
"You have never established that States have such "rights".
"
I don't have to. The constitution does.
I don't have to. The constitution does.
I see you're fantasizing again.
"I see you're fantasizing again."
I see you're fantasizing again.
Article I.8 includes the "necessary and proper" clause, which Clarence Thomas neglects to mention. Not that the "commerce clause" isn't stretched well beyond the point of absurdity, but there is at least some justification.
From the same opinion in Lopez vs US:
In addition to its powers under the Commerce Clause, Congress has the authority to enact such laws as are necessary and proper to carry into execution its power to regulate commerce among the several States. U. S. Const., Art. I, 8, cl. 18. But on this Court's understanding of congressional power under these two Clauses, many of Congress' other enumerated powers under Art. I, 8 are wholly superfluous. After all, if Congress may regulate all matters that substantially affect commerce, there is no need for the Constitution to specify that Congress may enact bankruptcy laws, cl. 4, or coin money and fix the standard of weights and measures, cl. 5, or punish counterfeiters of United States coin and securities, cl. 6. Likewise, Congress would not need the separate authority to establish post offices and post roads, cl. 7, or to grant patents and copyrights, cl. 8, or to punish Piracies and Felonies committed on the high Seas, cl. 10.
Oldy but goodie bump.
The U.S. Constitution [Misinterpreted] Online
Address:http://www.freerepublic.com/focus/f-news/1168296/posts?q=1&;page=1
Bears repeating though. This turd is no historical scholar and simply repeats the current legal fiction in an attempt to codify it as gospel.
Constitution.org, thomas.loc.gov, www.gunstonhall.org, memory.loc.gov/ammem/amlaw/lawhome.html, and similar such sites are the only real authority for Constitutional issues.
Thanks for the bump DC.
As anyone can see, Steve Mount, the site owner mentioned herein, never really tried to defend his position.
He's quite happy in having a site that spreads the socialistic/statist agitprop POV. -- One that is quite regularly cited on this forum as an 'authority'.
It has no more “authority” than the Brady Campaign or the DNC... Pure agitprop...
Just because...
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