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Teaching the Second Amendment
SierraTimes.com ^ | July 13, 2006 | Jennifer Freeman

Posted on 07/13/2006 12:51:11 AM PDT by neverdem

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To: Mojave
The Nunn decision explicitly upheld bans on concealable weapons.

But over turned the law as there was no provision for open carry. Can't have both as they violate RKBA. Bans on CC are fine as they fall under "regulation". But then you can't ban open carry.

Nor can the imposition of a number of fines to exercise a Right be considered legal either. Any number of poll taxes, preventing certain peoples from voting, have been shot down numerous times.

301 posted on 07/30/2006 7:20:58 AM PDT by Dead Corpse (It is not the oath that makes us believe the man, but the man the oath.- Aeschylus)
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To: PhilipFreneau
So, you could keep and bear arms, but you must bear them openly.

Are you saying that the 2nd Amendment would allow for a national concealed carry ban to be enacted by Congress?

302 posted on 07/30/2006 7:23:05 AM PDT by Mojave
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To: PhilipFreneau
Can you please clarify your statement?

Can you please verify your statement?

Produce Millers alleged claim that he was a member of a militia.

303 posted on 07/30/2006 7:25:08 AM PDT by Mojave
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To: Dead Corpse
Bans on CC are fine as they fall under "regulation".

You believe a Congressional ban on concealed carry nationwide is permissable under the 2nd Amendment?

304 posted on 07/30/2006 7:28:34 AM PDT by Mojave
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To: Mojave
Interesting to note that the Articles of Confederation, which was the blueprint for the U.S. Constitution (and both documents established by much of the same people), said nothing about an individual RKBA.

"... but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of filed pieces and tents, and a proper quantity of arms, ammunition and camp equipage."

305 posted on 07/30/2006 7:29:14 AM PDT by robertpaulsen
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To: robertpaulsen

>>>Instead of reading Federalist Paper #46, the U.S. Supreme Court would have read The National Defense Act of 1916 which "transformed the militia from individual state forces into a Reserve Component of the U.S. Army - and made the term "National Guard" mandatory."<<<

But, since the National Guard was created under the power to raise armies, rather than the power to provide for organizing, arming, and disciplining the Militia, then the National Guard is not a militia, but a reserve component of the U. S. Army. In fact, National Guard officers are U.S. Army officers.

The true militia, according to original intent, and never altered by amendment, is comprised of every male capable of bearing arms. The fact that un-elected ideologes playing the role of 'justices' have usurped that power, or allowed it to be usurped, is another matter altogether. The same for the RKBA.




306 posted on 07/30/2006 7:29:58 AM PDT by PhilipFreneau
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To: dirtboy
"Now you're citing the 9th circuit. I would think you would take caution in doing such, given their reputation for liberal activism."

I don't recall the U.S. Supreme Court overturning those 9th Circuit decisions which stated that the second amendment protected a collective right.

307 posted on 07/30/2006 7:33:50 AM PDT by robertpaulsen
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To: dirtboy
"Individuals choose whether or not to be members of the group."

Yes they do. And as an assembled group, they have rights they do not have as individuals. That makes it a collective right.

308 posted on 07/30/2006 7:36:41 AM PDT by robertpaulsen
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To: robertpaulsen
I don't recall the U.S. Supreme Court overturning those 9th Circuit decisions which stated that the second amendment protected a collective right.

The Supreme Court doesn't address all lower court decisions.

And, once again, you are looking to support for your collectivist viewpoints to the most liberal federal circuit court. Which means, sir, that you are no conservative.

309 posted on 07/30/2006 7:37:43 AM PDT by dirtboy (Glad to see the ink was still working in Bush's veto pen, now that he wisely used it on this bill)
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To: PhilipFreneau
The true militia, according to original intent, and never altered by amendment, is comprised of every male capable of bearing arms.

The Militia Act of 1792 actually read, "That each and every free able-bodied white male citizen of the respective States..."

Now is the "original intent" militia you advocate all white and beyond the reach of the 14th Amendment?

310 posted on 07/30/2006 7:40:47 AM PDT by Mojave
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To: neverdem

bttt


311 posted on 07/30/2006 7:41:52 AM PDT by Dante3
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To: PhilipFreneau; Roscoe
PhilipFreneau:
For the record, the Test Act and its companion, the Militia Act of 1777 was intended primarily to compel certain religious groups in Pennsylvania to take up arms and fight in the revolution for the colonists.

And disarmed those who refused to take an oath loyalty to the government of the state of Pennsylvania.

Roscoe advocates disarming 'disloyal' citizens. What's next comrade, the gulag?

312 posted on 07/30/2006 7:48:33 AM PDT by tpaine
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To: robertpaulsen

But state Constitutions, which these fellows would seemingly hold void, often provide protections for an individual RKBA.

Pretty ironic.


313 posted on 07/30/2006 7:48:47 AM PDT by Mojave
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To: PhilipFreneau
"then the National Guard is not a militia"

Bingo. There is no more state Militia (as originally defined).

"The true militia, according to original intent, and never altered by amendment, is comprised of every male capable of bearing arms."

The Militia, as defined by the Militia Act of 1792, is comprised of "each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively ... enrolled in the militia".

You are not a member unless you are enrolled. You must be white. You must be a male. Certainly the RKBA is extended to others outside of this group, yes?

314 posted on 07/30/2006 7:49:29 AM PDT by robertpaulsen
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To: dirtboy
"And, once again, you are looking to support for your collectivist viewpoints to the most liberal federal circuit court."

No, I merely stated that, save the 5th Circuit in one case, every other federal court, especially the 9th Circuit, has ruled the second amendment protects a collective right in every case they heard.

"Which means, sir, that you are no conservative."

Since when does stating a fact make one not a conservative? You don't like what you're hearing, you can't refute it, so you start calling names?

315 posted on 07/30/2006 7:56:54 AM PDT by robertpaulsen
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To: robertpaulsen; Everybody
paulsen wrote:

"-- as an assembled group, they [people] have rights they do not have as individuals. That makes it a collective right. -"

Yet more proof that paulsen is a democratic collectivist.

Have you no shame robbie? How can you claim to be a conservative?

316 posted on 07/30/2006 8:00:50 AM PDT by tpaine
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To: Mojave

>>>Produce Millers alleged claim that he was a member of a militia.<<<

He didn't directly state it or emphasize it in the demurrer. The demurrer included a claim that the NFA violated the 2nd Amendment. The lower court agreed. The supreme court understood Miller's claim to include him being a member of the militia, and ruled accordingly.


317 posted on 07/30/2006 8:01:19 AM PDT by PhilipFreneau
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To: Mojave

>>>Are you saying that the 2nd Amendment would allow for a national concealed carry ban to be enacted by Congress?<<<

You misunderstand me. Any infringement of the RKBA is usurpation of power.


318 posted on 07/30/2006 8:03:48 AM PDT by PhilipFreneau
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To: Roscoe
But state Constitutions, which these fellows would seemingly hold void, often provide protections for an individual RKBA. Pretty ironic.

The only thing ironic around here is you two democrats claiming to uphold an individuals RKBA's.

319 posted on 07/30/2006 8:06:58 AM PDT by tpaine
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To: Mojave

>>>The Militia Act of 1792 actually read, "That each and every free able-bodied white male citizen of the respective States..." Now is the "original intent" militia you advocate all white and beyond the reach of the 14th Amendment?<<<

Mojave, it appears all you want is a pissing contest. Let's stick to the basic facts, which is: the true militia, according to original intent, and never altered by amendment, is comprised of every male capable of bearing arms".


320 posted on 07/30/2006 8:07:19 AM PDT by PhilipFreneau
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