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Old 02-04-2013, 12:17 PM
 
36,486 posts, read 15,977,952 times
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Quote:
Originally Posted by squarian View Post
Because a judge's learned opinions in matters of jurisprudence instantly become invalid once he's no longer practicing law from the bench.
Only when what he says goes counter to what the people who wrote the Constitution said.

Let's see, who should we believe, a judge who opines about the Constitution over 200 years AFTER it is written or the words from the people who actually wrote it?

Let me guess, you think we should believe the judge!
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Old 02-04-2013, 12:23 PM
 
36,486 posts, read 15,977,952 times
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Quote:
Originally Posted by squarian View Post
Yes, in the Heller case, a description of which I linked to in my OP. And in the process, rather cavalierly overturned 70 years of settled jurisprudence. Which means Heller is an outlier, likely to be reversed eventually in its turn. In his remarks in 1991, Chief Justice Burger was simply reflecting settled law - though with an Originalist spin which made his view distinctly right-wing. Which shows just how far off the path we've wandered.
Does that mean that in fact abortion is NOT the law of the land?
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Old 02-04-2013, 01:23 PM
 
2,836 posts, read 3,087,237 times
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Yes, it is the law of the land. And, thanks to the NRA and the Supreme Court decision in Heller, we will all find ourselves the more "well regulated".
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Old 02-04-2013, 01:29 PM
 
7,251 posts, read 3,746,474 times
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Quote:
Originally Posted by Quick Enough View Post
Only when what he says goes counter to what the people who wrote the Constitution said.

Let's see, who should we believe, a judge who opines about the Constitution over 200 years AFTER it is written or the words from the people who actually wrote it?

Let me guess, you think we should believe the judge!
The people who wrote did say something about a militia IIRC. Where does your unit train and who is your commander?
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Old 02-04-2013, 01:35 PM
 
Location: One of the 13 original colonies.
10,136 posts, read 6,463,199 times
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Quote:
Originally Posted by gmagoo View Post
The people who wrote did say something about a militia IIRC. Where does your unit train and who is your commander?



Maybe you should try to keep up with what is going on.
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Old 02-04-2013, 01:39 PM
 
26,295 posts, read 17,209,642 times
Reputation: 10274
Excerpt form a common sense explanation of the issue...

Whether or not the Second Amendment addressed the issue of private ownership, Founding Era citizens would not argue with the right to own a gun. But all states had game laws and controlled the use of guns. In cities, fire wardens regulated gunpowder storage for fear of explosions. People in “actual rebellion” could be disarmed. Private rights were always balanced by public safety. In bringing the laws of those by-gone days forward, we can embrace the fundamental wisdom of the Founders on this score. We can have our guns and regulate them, too.

Understanding the Right to Bear Arms—The Complete Idiot’s Quick Guide
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Old 02-04-2013, 01:49 PM
 
Location: On the Group W bench
5,576 posts, read 3,596,392 times
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Quote:
Originally Posted by AeroGuyDC View Post
Do you agree with Burger? If so, then you should explain why you feel this way instead of piggy-backing on the (failed) premise of another.

Liberals' Person Worship Syndrome™ gets creepier by the day!
Conservatives' Ignorance Worship ... destroying America one brain at a time.
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Old 02-04-2013, 02:38 PM
 
36,486 posts, read 15,977,952 times
Reputation: 8284
Quote:
Originally Posted by gmagoo View Post
The people who wrote did say something about a militia IIRC. Where does your unit train and who is your commander?
You should stop before making a COMPLETE fool of yourself.

Childish remarks only show you to be more foolish.

To "claim" you know what the Founding Fathers meant when THEY used the term "militia" is NOT what YOU think it is.

You might to get educated before spouting off.

Here a just s few quotes explaining exactly how what the Founding Fathers meant.

I doubt if you will read any of them, it wouldn't fit your "opinions".

"2nd Amendment Quotes Read this in light of the last article about the Well-Regulated Militia.

Whoever said that the founding fathers didn't think that all citizens should have guns is living in their own little world.

The following quotes by the authors of the Second Amendment, their contemporaries, various state and federal courts, and others should be useful in the debate over whether that amendment protects a right of individuals or only the military.

--------------------------------------------------------------------------------

The Second Amendment states: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

--------------------------------------------------------------------------------

"On every question of construction (of the Constitution) let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed." (Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322)

"The whole of the Bill (of Rights) is a declaration of the right of the people at large or considered as individuals.... It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of." (Albert Gallatin of the New York Historical Society, October 7, 1789)

"No Free man shall ever be debarred the use of arms." (Thomas Jefferson, Proposal Virginia Constitution, 1 T. Jefferson Papers, 334,[C.J.Boyd, Ed., 1950])

"A militia, when properly formed, are in fact the people themselves...and include all men capable of bearing arms." (Richard Henry Lee, Additional Letters from the Federal Farmer (1788) at 169'

'"Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms." (James Madison, The Federalist Papers #46 at 243-244)"

" "I ask, sir, what is the militia? It is the whole people, except for few public officials." (George Mason, 3 Elliot, Debates at 425-426) '

Gun Related Quotes from the Founding Fathers
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Old 02-04-2013, 02:41 PM
 
36,486 posts, read 15,977,952 times
Reputation: 8284
Quote:
Originally Posted by sickofnyc View Post
Excerpt form a common sense explanation of the issue...

Whether or not the Second Amendment addressed the issue of private ownership, Founding Era citizens would not argue with the right to own a gun. But all states had game laws and controlled the use of guns. In cities, fire wardens regulated gunpowder storage for fear of explosions. People in “actual rebellion” could be disarmed. Private rights were always balanced by public safety. In bringing the laws of those by-gone days forward, we can embrace the fundamental wisdom of the Founders on this score. We can have our guns and regulate them, too.

Understanding the Right to Bear Arms—The Complete Idiot’s Quick Guide
I see you found something that fits you!
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Old 02-04-2013, 03:11 PM
 
7,251 posts, read 3,746,474 times
Reputation: 3751
Quote:
Originally Posted by Quick Enough View Post
You should stop before making a COMPLETE fool of yourself.

Childish remarks only show you to be more foolish.

To "claim" you know what the Founding Fathers meant when THEY used the term "militia" is NOT what YOU think it is.

You might to get educated before spouting off.

Here a just s few quotes explaining exactly how what the Founding Fathers meant.

I doubt if you will read any of them, it wouldn't fit your "opinions".

"2nd Amendment Quotes Read this in light of the last article about the Well-Regulated Militia.

Whoever said that the founding fathers didn't think that all citizens should have guns is living in their own little world.

The following quotes by the authors of the Second Amendment, their contemporaries, various state and federal courts, and others should be useful in the debate over whether that amendment protects a right of individuals or only the military.

--------------------------------------------------------------------------------

The Second Amendment states: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

--------------------------------------------------------------------------------

"On every question of construction (of the Constitution) let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed." (Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322)

"The whole of the Bill (of Rights) is a declaration of the right of the people at large or considered as individuals.... It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of." (Albert Gallatin of the New York Historical Society, October 7, 1789)

"No Free man shall ever be debarred the use of arms." (Thomas Jefferson, Proposal Virginia Constitution, 1 T. Jefferson Papers, 334,[C.J.Boyd, Ed., 1950])

"A militia, when properly formed, are in fact the people themselves...and include all men capable of bearing arms." (Richard Henry Lee, Additional Letters from the Federal Farmer (1788) at 169'

'"Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms." (James Madison, The Federalist Papers #46 at 243-244)"

" "I ask, sir, what is the militia? It is the whole people, except for few public officials." (George Mason, 3 Elliot, Debates at 425-426) '

Gun Related Quotes from the Founding Fathers
Childish remarks or not,I like to read the links I post before actually posting them.Obviously this piece of advice comes a bit late for you. Example A: A well regulated militia,composed of the body of the people "TRAINED TO ARMS" etc. That was James Madison blowing you out of the water. Richard Henry Lee says "a militia,when properly formed etc. See? Properly formed militia,not Biff and Bubba burying guns under their trailer or some gang banger`s right to carry a 9 in his waistband. The founding fathers said that all citizens should have guns?Who said that and when did they say it?
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