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Old 03-05-2018, 12:27 PM
 
Location: San Diego
18,725 posts, read 7,602,949 times
Reputation: 14997

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Quote:
Originally Posted by TaxPhd View Post
No decision has turned
True.
Quote:
or can turn

False.
Quote:
on the Declaration of Independence itself.

When the DOI was passed, it was certainly as valid as anything else passed by the 2nd Continental Congress at the time.

And no law has been passed since then, repealing it. A few parts have been modified slightly by subsequent legislation, but the document remains as much in force as any other law.

Today's leftists certainly wish it wasn't valid. And so they keep repeating the lie in their usual fashion, hoping that if they tell it often enough it will become The Truth.
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Old 03-05-2018, 12:38 PM
 
10,730 posts, read 5,664,235 times
Reputation: 10863
Quote:
Originally Posted by phetaroi View Post
My claim was exactly correct. I said that "It has been included in Supreme Court decisions". And the link I posted agreed that it has been included in Supreme Court decisions at least 100 times. Almost nothing in Supreme Court written decisions is superfluous. Every word and phrase in them has meaning.

And gun mongers (BTW the definition of monger = "a person who promotes a specified activity, situation, or feeling") often point to the DOI...when it suits them...and ignore it when it doesn't. Classic.
When the claim was made that the DOI doesn't have legal standing, your answer was "No."

And you're right - words have meaning, and your word was very clear.
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Old 03-05-2018, 12:54 PM
 
10,730 posts, read 5,664,235 times
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Quote:
Originally Posted by Roboteer View Post
True.

False.

When the DOI was passed, it was certainly as valid as anything else passed by the 2nd Continental Congress at the time.

And no law has been passed since then, repealing it. A few parts have been modified slightly by subsequent legislation, but the document remains as much in force as any other law.

Today's leftists certainly wish it wasn't valid. And so they keep repeating the lie in their usual fashion, hoping that if they tell it often enough it will become The Truth.
There's nothing invalid about it, but it's not a source of law. We can't be compelled or precluded in anything because of the DOI - some other source of law would be required.
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Old 03-05-2018, 01:15 PM
 
17,400 posts, read 11,972,033 times
Reputation: 16152
Quote:
Originally Posted by rmm0484 View Post
The Second Amendment acknowledges the right to bear arms, due to the need for a "well regulated militia." The national discourse on this amendment should be the current need for this well regulated militia, and if there is still such a need, it should be established as such, and it should be well regulated, as the framers intended.

Extending the current NRA logic (regardless of mental state, age, or criminal background) anyone should be able to obtain rocket launchers, bazookas, death rays, howitzers, tanks, bombs, jet fighters and anything else that they desire, and can afford, as part of the right to bear arms. There is little regulation in the arms acquisition process.

However, there are other rights involved in this discourse. The three "inalienable rights" found in the U.S. Declaration of Independence are "life, liberty and the pursuit of happiness." So, if something abridges one of these rights, is that not to be a concern? No one should lose an inalienable right (such as life) because the Second Amendment has not been reviewed and interpreted according to the needs of today.
The Declaration and Constitution are not the same. They served completely different purposes.

By your logic, anyone that might die should have every person in the country do whatever it takes to keep them alive. Uh, no.
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Old 03-05-2018, 01:53 PM
 
Location: Sun City West, Arizona
50,787 posts, read 24,297,543 times
Reputation: 32929
Quote:
Originally Posted by TaxPhd View Post
When the claim was made that the DOI doesn't have legal standing, your answer was "No."

And you're right - words have meaning, and your word was very clear.
Yes. Because in my opinion when the DOI is written about in Supreme Court decisions, therefore, it has standing.
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Old 03-05-2018, 02:12 PM
 
10,730 posts, read 5,664,235 times
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Quote:
Originally Posted by phetaroi View Post
Yes. Because in my opinion when the DOI is written about in Supreme Court decisions, therefore, it has standing.
Abington School District v. Schempp, 374 U.S. 203 (1963) is a Supreme Court case about school sanctioned Bible reading. Given that the Bible is written about in that Supreme Court decision, does the Bible now have the force of law, in your opinion?
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Old 03-05-2018, 02:21 PM
 
Location: Sun City West, Arizona
50,787 posts, read 24,297,543 times
Reputation: 32929
Quote:
Originally Posted by TaxPhd View Post
Abington School District v. Schempp, 374 U.S. 203 (1963) is a Supreme Court case about school sanctioned Bible reading. Given that the Bible is written about in that Supreme Court decision, does the Bible now have the force of law, in your opinion?
There is a difference between something being the subject of a Supreme Court case (in this case the bible) and a founding document being referenced in a Supreme Court case decision.

And since you ask my opinion, you ought to be able to figure that out. So my further opinion is that it's a waste of my time to respond to any more such pettiness.
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Old 03-05-2018, 03:14 PM
 
Location: San Diego
18,725 posts, read 7,602,949 times
Reputation: 14997
Quote:
Originally Posted by TaxPhd View Post
There's nothing invalid about it, but it's not a source of law. We can't be compelled or precluded in anything because of the DOI - some other source of law would be required.
The usual assertion that the DOI isn't law... accompanied by the usual absence of any evidence backing the claim up.

The DOI was passed by the recognized legislative body at the time - the 2nd Continental Congress, which had passed many other laws before and after that one.

Can you provide any evidence that the Congress intended that one to have any less standing, than all the others it passed?


Quote:
Originally Posted by TaxPhd View Post
Abington School District v. Schempp, 374 U.S. 203 (1963) is a Supreme Court case about school sanctioned Bible reading. Given that the Bible is written about in that Supreme Court decision, does the Bible now have the force of law, in your opinion?
Was the Bible passed by Congress?
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Old 03-05-2018, 03:50 PM
 
Location: Saint John, IN
11,582 posts, read 6,732,440 times
Reputation: 14786
How many more threads are we going to have on this subject???
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Old 03-05-2018, 05:03 PM
 
10,730 posts, read 5,664,235 times
Reputation: 10863
Quote:
Originally Posted by Roboteer View Post
The usual assertion that the DOI isn't law... accompanied by the usual absence of any evidence backing the claim up.

The DOI was passed by the recognized legislative body at the time - the 2nd Continental Congress, which had passed many other laws before and after that one.

Can you provide any evidence that the Congress intended that one to have any less standing, than all the others it passed?
Tell me one thing that the DOI (as a source of law) can compel me to do, or preclude me from doing.

Quote:
Was the Bible passed by Congress?
The assertion was that since the DOI has been included in Supreme Court decisions, that is evidence of its status as law. I simply pointed out how silly that assertion is.
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