Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Courts do not MAKE LAW or they are not supposed to.
Who in this thread claimed that courts are supposed to "Make Law?"
Courts interpret the law as it's applied to the constitution. That's pretty much consensus, wouldn't you say?
Those that say they are legislating from the bench just don't like the court interpretation. Tough beans. Win some, lose some.
Only thing I know from law school is,
When you have the facts on your side, pound the facts
When you have the truth on your side, pound the truth
When you have nothing, pound the table.
The 2nd has never been changed since it has been written. Get a current copy and compare it to a historical copy. The words are the same.
It's the courts who have interpreted it differently throughout history and we as citizens are duly bound to abide by their rulings. Remember, there is always a winner and a loser in every legal case ever adjudicated.
You have seen me post todays 2nd amendment over and over.
The one where Militias are illegal, as we have allowed the Police State to suppress the Free State. The Privilege of Citizens 21 years and older, who are non-felons and mentally sane, may have, but cannot bear the small arms the federal government allows, and this can change when ever the people threaten the government, from being oppressed.
We all hear of those things called Militias, being round up and charged with conspiracy to overthrow the government.
Try training in domestic tactical warfare, to be "well regulated" and see how fast the ATF, & the FBI are on you!!
The Constitution is vague on many things. It says nothing about whether felons have the right for guns, for instance, or whether a machine gun or an RPG is a protected weapon. So in steps SCOTUS. We reply upon them to interpret these things. For good or bad, we all have to respect what they say. That is how it works as per the Constitution.
The vagueness is the beauty of it. It leaves ALL the LIBERTY(choices) to WE THE PEOPLE. Not just Citizens. All People. That vagueness is not there for statutory law to fill in the blanks. That is your individual liberty to fill in that blank, with what you as an individual feels comfortable preserving your life from all predators with, or to leave it blank and be the prey.
The fact that you don't understand what going to fiat currency did to everyday Americans while greatly enriching Wall Street and big banks is just sad.
I know exactly what fiat money did to the economy. It took us from an isolated, limited financial nation and turned us into an economic powerhouse. It allowed credit cards to exist. It it took us out of the cash and carry only society. Look at the rest of the world.
That last country to decouple it's currency from gold was the Swiss Franc in 2000.
Is every nation on the planet wrong about money?
Just so you know I have nothing against metals, when Brexit was about to hit, I bought a substantial amount of silver bullion as investment, thinking of making a quick buck. Instead of cashing in a quick 20% profit, I held it as I saw a Trump presidency a possibility. Since he's been elected I've gone very heavy on silver coin and bullion far exceeding the 10% hedge that most advisors suggest. I'm at almost 40% now.
The way Trump is going, I expect to make a substantial profit.
The only time Constitutional rights are not rights is when they violate the rights of others.
Speech is a right up until it violates the rights of others. The same with firearms.
Do I have the right to own a .50 caliber machine gun? Yes. Do I have the right to fire 1,000 rounds up in the air from my suburban backyard? No, because those bullets will come back down on the property of others and most likely do some sort of damage infringing upon their rights.
Actually you do have that right to fire up in the air. What you don't have a right to is a wavier from the damage and harm it caused.
We all hear of those things called Militias, being round up and charged with conspiracy to overthrow the government.
Try training in domestic tactical warfare, to be "well regulated" and see how fast the ATF, & the FBI are on you!!
Depends on if you can trust those in your Militia/Group or not, if not, then they should not be members. Period. Those serious about protecting their families and property and interested in working together to ensure that safety are not interested in overthrowing the government or even breaking the law. FYI, practicing tactics or shooting as a group is not against the law, state or federal, it is when militias are formed as part of a separatist or subversive movement that they get the attention of the Feds. Just saying.
This is one of those perpetual arguments that we have periodically.
Do the people have the right to determine what the meaning of the constitution is or do the people appoint the best legal scholars in the land to determine it for us as the founding fathers intended.
In polite terms, this is factually incorrect. The US legal system has been a common law system since inception, and case law is considered binding in common law.
Our difference of opinion is in regards to how "binding" common-law really is.
The basic idea behind common-law, is that judges, as well as juries, create judicial "standards"(IE precedents, procedures, etc), through their ability to interpret statutes, and their applicability in each case.
Common-law, as it was originally conceived, built a very "decentralized" system, and courts were very local. The typical English court, was within a small village, and was often only a jury, with no judge at all.
We need to understand, the ostensible purpose of the courts is to provide justice. And the basic idea behind common-law, is that if the provisions in a statute are not believed to deliver "justice", then the courts can basically reinterpret the statute in a way that will deliver justice.
Common-law was, by its very nature, non-binding beyond the jurisdiction of each court. And the decisions were never binding upon other parts of the government, or even upon other courts.
The modern view of common-law is wholly different than what it had been in the past. Where courts have become highly-centralized, and where judges are given almost-unlimited authority to give laws entirely new meaning at their discretion, regardless of local customs/standards, and their decisions now have the force of law, violating any notion of a separation of powers.
Quote:
Originally Posted by Redd Jedd
I'd say the Founding Fathers decided that idea of states over a weak federal government was the reason they felt they needed to replace the Articles of Confederation with the Constitution.
The founding fathers did not create a powerful central government with the Constitution. The all-powerful central government really didn't come about till after the Civil War(go read the Kentucky and Virginia resolutions).
The Constitution did address some specific problems that occurred under the Articles of Confederation. The immediate cause of the convention was "Shay's rebellion".
The Constitution gave very very little power to the federal government. The entirety of the powers of the Federal government are summed-up in Article 1 Section 8 of the Constitution(IE Enumeration of powers). And to make sure that the Federal government was as weak as possible, they added the 10th amendment to the Constitution. Which affirmed further the idea that the States held all the powers not granted to the Federal government by Article 1 Section 8. And even those powers granted to the Federal government, were then again limited by the other amendments in the "Bill of Rights"(IE first amendment, second amendment, etc).
Thomas Jefferson didn't even think we needed the Constitution. And most people didn't believe New York would even ratify the Constitution at the convention.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
