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Old 12-24-2019, 09:43 AM
 
Location: Suburbia
8,826 posts, read 15,322,548 times
Reputation: 4533

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Quote:
Originally Posted by FatBob96 View Post
Not everything the SC hears is about deciphering Constitutionality.

But I do agree that the SC has become more important in modern politics than they should be.

Largely because of the Democrats attempts to do end runs around the Constitution and legislate via the courts.
I never said that’s all it does.

It’s the system we have and the rules by which we live.
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Old 12-24-2019, 09:46 AM
 
Location: Suburbia
8,826 posts, read 15,322,548 times
Reputation: 4533
Quote:
Originally Posted by Frank DeForrest View Post
Some govt employees put on robes, held a meeting and decided the non-robe wearing govt employees were correct.
Dr. Suess couldn't have come up with a better story.
Would you prefer we abolish the court? We can’t.
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Old 12-24-2019, 11:15 AM
 
Location: Just over the horizon
18,461 posts, read 7,092,496 times
Reputation: 11707
Quote:
Originally Posted by tgbwc View Post
I never said that’s all it does.

It’s the system we have and the rules by which we live.


True.

However, there isn't anything else in the Constitution that I can think of that is so plainly stated, yet the meaning of which is still argued over endlessly by those who wish to put their words in the mouths of the Framers as:

"The right of the people to keep and bear arms shall not be infringed".
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Old 12-24-2019, 02:44 PM
 
Location: San Diego
50,315 posts, read 47,056,299 times
Reputation: 34087
Quote:
Originally Posted by Frank DeForrest View Post
Some govt employees put on robes, held a meeting and decided the non-robe wearing govt employees were correct.
Dr. Suess couldn't have come up with a better story.
27. “Look at me! Look at me! Look at me NOW! It is fun to have guns, but you have to know how.
If things start happening, don’t worry, don’t stew, just go right along and libs will start confiscating too.” – Dr. Seus
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Old 12-24-2019, 04:28 PM
 
Location: NW Nevada
18,161 posts, read 15,632,241 times
Reputation: 17152
Quote:
Originally Posted by finalmove View Post
Best that temporary elected Representatives dont mess with Virginia Patriots with the message on display with our State flag.

Let's not mince words on what would happen.
Mmmm...yes. "Sic Semper Tyrannus." Thus Always to Tyrants." I'm surprised that some socialistic nutcase SJW hasn't raised hell about that since it is a Confederate slogan used during the Civil War. Alongside Deo Vindus on the Confederate seal. God Will Vindicate

If one looks closely at all the flags of the former Confederate states they all have references to that staes allegiance in that conflict.

The parallels that are popping up of late are showing clear and concise resemblance to the political divisions that sparked the Civil War. Different issues to be sure but the fervor on both sides is scarily the same.

For me I feel its about time we tural folks stood up and gave the huge urban centers the finger. Yea, they have the heavier numbers in population which gives their leftist leanings a larger voting base. But that dont make them right.

And we rural folks aren't a breed that takes kindly to being told how to live. The cities can have all the government nanny nonsense they want but trying to force all of us outside their city limits to accept their rabbit breed ways is a losing proposition.

This fight over our right to personal arms has brought that out in stark relief and I'm lovin' it. Cuz all these city dick Dems can do is get the leftist Dem legislatures they cram down our throats to pass these hand wringing laws and then stomp their feet and cry when we tell them to pound sand. We will NOT live under their rule just because their urban toilet has more voters and those voters support nanny state government. Their way of life and way of thinking is not ours and they can just deal with it.

We dont live next to them and they dont live with us. Difference being they want to force feed us their way of thinking. Wellll....they've pushed to far finally. This critter ain't backing up any more.
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Old 12-24-2019, 04:33 PM
 
Location: Honolulu/DMV Area/NYC
30,639 posts, read 18,235,725 times
Reputation: 34515
Prosecutorial/police enforcement discretion. It was all the rage for leftists when Obama used it to justify not enforcing certain aspects of immigration law

Resources are limited and not every law can be enforced. The counties/towns/etc. are well within their rights to not enforce certain aspects of the law.
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Old 12-24-2019, 04:45 PM
 
Location: San Diego
50,315 posts, read 47,056,299 times
Reputation: 34087
Quote:
Originally Posted by NVplumber View Post
Mmmm...yes. "Sic Semper Tyrannus." Thus Always to Tyrants." I'm surprised that some socialistic nutcase SJW hasn't raised hell about that since it is a Confederate slogan used during the Civil War. Alongside Deo Vindus on the Confederate seal. God Will Vindicate

If one looks closely at all the flags of the former Confederate states they all have references to that staes allegiance in that conflict.

The parallels that are popping up of late are showing clear and concise resemblance to the political divisions that sparked the Civil War. Different issues to be sure but the fervor on both sides is scarily the same.

For me I feel its about time we tural folks stood up and gave the huge urban centers the finger. Yea, they have the heavier numbers in population which gives their leftist leanings a larger voting base. But that dont make them right.

And we rural folks aren't a breed that takes kindly to being told how to live. The cities can have all the government nanny nonsense they want but trying to force all of us outside their city limits to accept their rabbit breed ways is a losing proposition.

This fight over our right to personal arms has brought that out in stark relief and I'm lovin' it. Cuz all these city dick Dems can do is get the leftist Dem legislatures they cram down our throats to pass these hand wringing laws and then stomp their feet and cry when we tell them to pound sand. We will NOT live under their rule just because their urban toilet has more voters and those voters support nanny state government. Their way of life and way of thinking is not ours and they can just deal with it.

We dont live next to them and they dont live with us. Difference being they want to force feed us their way of thinking. Wellll....they've pushed to far finally. This critter ain't backing up any more.
Case in point ,ammo laws and AW ban. All passed and no one gives a ****. I'm not going to be on some back door gun registration DB. We can still buy ARs at all the local gun stores because, well, we have good Lawyers too.
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Old 12-24-2019, 04:54 PM
 
Location: No Mask For Me This Time, Either
5,660 posts, read 5,089,458 times
Reputation: 6086
Quote:
Originally Posted by 1AngryTaxPayer View Post
Case in point ,ammo laws and AW ban. All passed and no one gives a ****. I'm not going to be on some back door gun registration DB. We can still buy ARs at all the local gun stores because, well, we have good Lawyers too.
I can mill 80% lowers all day. And I reload.
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Old 12-24-2019, 06:13 PM
 
Location: Upper Bucks County, PA.
408 posts, read 215,060 times
Reputation: 193
Quote:
Originally Posted by tgbwc View Post
Yes, of course. I have also read through decisions such as United States v. Miller, and District of Columbia v. Heller. It would be nice and simple if we could simply ignore implicit meanings within our Constitution, but as even these threads show that's not possible and therefore we have debate between collective right theory, individual right theory and everything in between. Thus, we turn to the courts and their rulings.

The various "collective right" theories have never had any presence or application in Supreme Court decisions. The "militia right" and "state's right" interpretations were first inserted in the federal court system in 1942, those decisions being, Cases v. U.S, 131 F.2d 916 (1 st Cir. 1942) and U.S. v. Tot, 131 F.2d 261 (3 rd Cir. 1942) respectively.

Those perversions held sway for some 66 years until Heller re-righted the constitutional ship and invalidated the reasoning used in Cases and Tot, by re-affirming that the 2nd Amendment secures an individual right.

As all Heller Justices agreed, the argument over whether the 2nd protects a collective or individual right is over.

Quote:
Originally Posted by tgbwc View Post
Heller suggested a list of lawful regulations, including bans on the possession of firearms by felons and the mentally ill, bans on carrying firearms in sensitive places such as schools and government buildings, laws restricting the commercial sale of arms, bans on the concealed carry of firearms, and bans on weapons “not typically possessed by law-abiding citizens for lawful purposes.” Of course I can't specifically point out within the 2A those exact wordings, but that is the determination handed down by the Supreme Court as of 2008. Whether or not we agree with the court's determination is a different matter, but's that's the law as it stands.

Be careful with that argument. The Court, in assembling that list of regulations was not making any definitive statement as to the constitutionality of those regulations, after all, the Court was not examining them in Heller. Everyone takes that list and runs with it, never keeping the footnote attached.

In the footnote the Court characterizes those regulations as being merely "presumptively lawful" (footnote 26) and lower courts have taken that to direct them to hear challenges to that presumption, even for laws we would assume to be unquestionable like felon dispossession.
"As the Government concedes, Heller’s statement regarding the presumptive validity of felon gun dispossession statutes does not foreclose Barton’s as-applied challenge. By describing the felon disarmament ban as “presumptively” lawful, the Supreme Court implied that the presumption may be rebutted." -- U.S. v. Barton, 633 F.3d 168 (3d Cir. 2011)
Of course felon disablement of gun rights were/are sustained because they are founded on legitimate exercises of government authority which have been upheld many times using a wide range of legal reasoning under constitutional and common law.

Now, on the other hand, gun control laws that were sustained by lower federal and state courts by citing Tot or Cases (and their many illegitimate progeny post GCA-68) and reasoned upon the collective right theories that the 2nd does not secure an individual right, are very, very infirm.

.
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Old 12-24-2019, 09:26 PM
 
Location: NW Nevada
18,161 posts, read 15,632,241 times
Reputation: 17152
Quote:
Originally Posted by 1AngryTaxPayer View Post
Case in point ,ammo laws and AW ban. All passed and no one gives a ****. I'm not going to be on some back door gun registration DB. We can still buy ARs at all the local gun stores because, well, we have good Lawyers too.
I've had Vegas leftist nuts tell me on here that they are flat going to make all of us here in NNV conform to their will all via voting numbers. CA type or worse firearms laws, moving the Capitol to Vegas, environmental regs that will shut down farming, ranching and mining, all manner of things.

And they smugly claim theres nothing we in the hugely rural North can do cuz they have the numbers , and thus control the legislature and the courts.

What is happening in VA and elsewhere and will soon happen here in NV is cramming that smugness and their confidence in their urban numbers straight up their narrow posteriors.

I'm actually quite looking forward to it. There wont be any shooting in the end. Because these leftist cretins are not even close to brave or committed enough to push things with us. We however are fully prepared to put or money where our mouths are a put foot to azz needs be.

That scares the Dem leftist wackaloon moonbats to death.
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