Posted on 06/02/2004 12:44:36 PM PDT by neverdem
The Incorperation Myth is one that has caused us a lot of damage over the years. That is all it is as well, a MYTH. It has no basis beyond what liberal activist judges have dreamed up.
Agreed. They certainly have no limitations in weilding the "supremacy clause" when they want to. This incorporation crap is nothing but a rubric to enforce a "glass is half empty" interpretation.
The state law is very much affected by the second amendmant. It is not like the first amendment which says "Congress shall make no law..." It says "...shall not be infringed". It doesnt say who shall not infringe. It says shall not be infringed which means nobody can infringe it.
Exactly. This is the same mechanism they are using to expand the so-called "commerce clause" to mena anything that happens anywhere. Even if it is only inside ONE State, or even over seas.
The regulating commerce clause does NOT trump everything else. It would be an infringement. The 2nd says "...Shall Not Be Infringed. It is the only universal application amendment. It does not specify which agency or government shall not infringe. There shall be no talking means something different in a group from "There shall be no talking by short people."
The wording of the 2nd amendment is such that it needs no other amendment for it to be applicable in every jurisdiction in the United States.
Why have we never sought to limit "judicial review?" It's not like it's codified in the Constitution, and there's nothing in that same Constitution that gives ANY branch of government a "magic wand" such as the court has given itself.
All I ask for is a strict scrutiny test with respect to the 2nd Amendment. The governmental purpose, objective, or interest must be "compelling." The means to achieve the purpose, objective, or interest must be "narrowly tailored" to the accomplishment of the governmental purpose, objective, or interest. Under this standard, almost no federal or state gun laws measure up. You could lose your rights only as a result of due process (e.g. conviction for a violent felony).
The 2nd amendmendmant is absolute. It does not say Congress Shall make no law...". It says"...shall not be infringed." That means by everybody, even California.
Seen it. "Strict Constructionist" Supremacy Clause arguments in support of "Living Document" New Deal Commerce Clause legislation. It's quite a dance.
For my part, I agree with you completely, however, it is the judges and legislators who have proven that they need clarification.
Few of the federal judges in the PRK would agree with you - more is the pity.
WRONG. The 2nd needs NO "incorporation". The wording is universal, unlike the others. It does not forbid Congress or any other unit from an action. It just flat forbids it."Shall not be infringed." Nobody can do it.
You'd think they would avoid setting the stage such that we have to kill them to redress a grievence against rulings they KNOW are disingenuous.
All we have to do is convince everyone who supported, voted for, or signed the AWB of that.
Thanks for the clarification.
Any time. ;-)
Any attempt to rewrite the 2nd Amendment is cause to USE the 2nd Amendment.
Limosine liberals and judicial activists had damn well better know this fact.
There are problably more threads on FR defending 9thCC decisions than criticizing them.
I like the line - "Any attempt to rewrite the 2nd Amendment is cause to USE the 2nd Amendment." I don't think it is going to be that simple. We already are pretty far down the line toward confiscation. It happened when the NFA was enacted in the 1930s. Downhill ever since. We are going to have to work for it. CC laws are changing and that is a good start. Kill the AWB next. On to bigger things after that. For my part, I would like to see the re-introduction of local militias. I don't mean a bunch of liquored up yahoos. I do mean something along the Swiss model - every man a soldier.
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