Posted on 05/11/2002 10:23:17 AM PDT by forest
And the Second Amendment prohibited Congress from infringing the right of "the people" to keep and bear arms.
In the first place, the 2nd amendment will NOT defeat a government intent on subjugating the populace. Yours, and mine, stock of guns are going to make no impact on the US military. Having said that, yes the 14th amendment unleashed the federal government on the entire nation. With a single USSC it can invalidate every state law in existence.
At #60, I asked:
---- I don't understand your problem with congress.
If the court writes a decision - [barring that 'fancy' language]-, affirming that the individual right cannot be infringed,--- how then can congress start limiting that right, - afterwards?
In the case of Emerson, the Court MUST agree with the Attorney General that to keep and bear arms is a Constitutionally protected right because there will be no one in the matter attempting to stipulate otherwise.
What the Attorney General did was to make this a win-win situation for us -- but not necessarily for Emerson.
You seem to be assuming the court will hear Emerson, despite the opposition of the administration. I hope they do, but why do you have such a certainty?
However, I believe, the only way a favorable majority opinion will come out of that Court is if government is allowed some restrictions on our Second Amendment right. All we can do is hope to somehow limit what restrictions are allowed to government. And, we'll need to hire a better quality of people to send to Capitol Hill.
Knowing this court, & congress, they will somehow invent whatever restrictions they feel needed. -- And I guess we can agree that is the 'problem' you've seen. -- Thanks.
Ignorance isn't knowledge.
The sky is falling! -- The evil 14th is gonna get us! --- Woe, woe I say ....
What you're suggesting is that an individual may be denied access to cartridges/guns by his state (or other individuals- say condo association board). Fine.
Given what took place in Florida recently (hanging chads) what faith can one place in the ballot box?
Campaign finance reform is knocking somebody off the soap box 60 days before an election. Do you see a trend here?
Let's accept the "positive" argument for a moment. If you take the dictionary definition of "infring" then even the ban of nuclear weapons would be prohibited. Then you work back from that point. Let's take the "assault weapon ban" or the "ugly gun ban. It is ridiculous in that other weapons of the exact same calibers and operation qualities are still legal however no "infringement" seems to be in play other than aesthetics. The big debate will now fall on the proper scope and limits of the term Infringe and the status quo will probably hold except in those federal and state laws that use the "militia only" interpretation as the justification for enactment.
Gore lost.
Yes in 1776 prior to tanks, planes and napalm. Look, if you resort to the "cartridge box" all it will get you is dead unless the military agrees that the “it is time”.
The founders had the solution, it is called the 10th amendment.
When states violate individual rights, they are corrected by the 14th amendent. Checks & balances work, as they will when the 2nd is incorporated because of Californias violations.
Dude, this is America, not Tienamen Square. America's military will not crunch an American seeking a redress of grievences under a tank. Owning guns and carrying guns makes for more honest citizens and the interactions that take place between them.
Today, the greatest fear of any politician is that he/she may not get re-elected. Well, that's simply not sufficient. Put the fear of insurrection back in their hearts and maybe, just maybe we'd see less of the greasy, slicky-boy politicians we have had to endure in the past.
Nice try but irrelevant to the abortion issue. I do favor retroactive abortions in some cases.
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