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The Supreme Court has already ruled on gun restrictions, you can keep chanting “ shall not be infringed” until the cows come home.
Illegal acts are ALREADY RESTRICTED. It is stupid to restrict the tool used, but you know that. You just want law abiding citizens disarmed because you are surrounded by New Yorkers that think the same way. Anti freedom Commies.
Because militia does not only serve at a national defensive level. It also can and should operate at a community level. A perfect reason for militia to form would be to defend communities against criminal threat, like gangs.
Post Civil War militia did this often. Only they were called posses. Our militia capabilities have also long kept foriegn invaders at bay, But they have also made many a criminal think twice as well.
Lawrenceville with the Daltons and Youngers comes to mind. If you want to depend on government entities to defend your lived n es and community, as well as yourself tou are free to do so.
I'll just reiterate that the Bill of Rights as originally adopted did not limit the powers of the states, only those of the federal government. It took legal maneuvering by the Supreme Court to apply most (but not all) of the Bill of Rights to the states via the 14th Amendment. Thus I have a problem with people using the 2nd Amendment as originally written to claim that the text has always limited states power. Given that the 14th Amendment was ratified more than 100 years after the 2nd Amendment was, such an argument ignores historical reality.
ok.... but it still is limits on the federal level
While I agree that the meaning and scope of the 2nd Amendment have not changed over time, it is important to note (and many 2nd Amendment proponents are either ignorant of this or refuse to acknowledge it) that the 2nd Amendment (as is the case with the other 9 amendments that comprise the Bill of Rights) ONLY limited Congress.
It had no bearing on the the ability of states to enact gun control.
The 2nd Amendment only applies to the states via the incorporation principle that the Supreme Court has said is inherent in the later 14th Amendment. But that is a matter of interpretation and is not clear from the text of the 14th Amendment itself.
LOL! Except for one thing. You forgot something... Or never knew it.
Article 6, Section 1
Specifically clause 2, known as the Supremacy Clause.
It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government's exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.
It doesn't' matter if it was 1790 or today, the principles behind the 2nd Amendment still apply today, except today you're more likely to be attacked by a home invader than a foreign government. also look at what happened in Virginia recently when Northam and Democrats decided to ban semi-automatic weapons, a lot of law abiding gun owners said they will not comply with the ban and hand their guns to the tyrannic legislators, who are all Democrats, and the governor, and I don't blame the militia of Virginia. That's why those laws that were rushed through the state's House and Senate have been set aside until 2021.
The clause: "the right of the PEOPLE to keep and bear arms shall not be infringed" refers to us, the people, and that was what kept the Japanese from invading the west coast during WWII.
I see that you're from Arizona? Me too, moving here was the best decision I could ever make. I've lived here for 10 years and couldn't be happier being away from all the Liberal BS of the northeast. You really have to have lived there to understand how bad things can get when Democrats have absolute power and control over your everyday lives and it's not just about guns.
As you may already know that 5 Arizona counties have declared themselves as 2nd Amendment sanctuaries, Apache, Maricopa, Mohave, La Paz and Yavapai. I belong to the Arizona Citizens Defense League (AZCDL) they were instrumental in getting these resolutions passed. I attended two meetings at my home county's board of legislator's meeting along with hundreds of others in support of these measures. There was very little opposition. We have to get even more counties to follow. Hopefully all 15 but I don't have too much hope for Pima County? But many were surprised that Apache and Maricopa counties passed this resolution. I sure am proud to call Arizona our home and of all those who showed up in force to make this happen.
At any rate there is a bill SB1625 filed in the Arizona State Senate that would ban practically every semi automatic firearm and high capacity magazine within the state. It's a carbon copy of Virginia's legislation that recently passed within that state. Even though it's unlikely to pass or even come up for a hearing it's something that every freedom loving Arizonan should be aware of especially come election time. If the Democrats ever take control of our legislature we can kiss our 2nd Amendment rights in Arizona goodbye.
Micheal Bloomberg will be pouring millions of dollars in advertising to try and accomplish this feat. Turning Arizona into a blue state such as he did in Virginia. We can't let that happen. In addition Mark Kelly (D) is running against Martha McSally (R) for US Senate. If the Republicans lose the senate our chances of securing two more Conservative justices to the Supreme Court will be over. Even if Trump wins the election which is more than likely. Because of their age Ginsburg and Breyer will probably be off the bench during the next 4 years. If all goes well that will give us a 7 to 2 majority on the Supreme Court and the preservation of the 2nd Amendment and Constitutional law for generations to come. November will be thee most important election of our life time.
Illegal acts are ALREADY RESTRICTED. It is stupid to restrict the tool used, but you know that. You just want law abiding citizens disarmed because you are surrounded by New Yorkers that think the same way. Anti freedom Commies.
If that ain't the truth! I'm so glad to be an Ex New Yorker. However upstate and downstate New York are two different worlds. Unfortunately downstate New York rules the state with an iron fist and upstate New York has very little to say in the way the state is governed.
At least we're outta' there. I just hope to Christ that every like thinking individuals follow suit. Then those who are left can wallow in their own excrement of their own making. California is the same way. Now that I'm in Arizona I hear all of the horror stories of how the Democrats have screwed up that once beautiful state.
LOL! Except for one thing. You forgot something... Or never knew it.
Article 6, Section 1
Specifically clause 2, known as the Supremacy Clause.
It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government's exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.
It definitely isn't a 10th Amendment issue!!
Bentbow, you know I like you but you are off base here. The Supremacy Clause only applies to those areas where the Constitution explicitly or implicitly governs over state law. The Bill of Rights as originally adopted DID NOT apply to the state governments and they were not supreme to state law. Even where those among the first ten amendments do not explicitly mention that "Congress shall" (as is the case with the First Amendment), the debate and understanding of the time clearly established that the Bill of Rights only limited Congress and had no bearing on the states. Thus, it took another amendment (i.e. the 14th) to make the Bill of Rights (and the Supreme Court has incorporated most but not all of the BOR against the states) apply against the states. I'm an attorney but you don't need to be one to understand this.
Bentbow, you know I like you but you are off base here. The Supremacy Clause only applies to those areas where the Constitution explicitly or implicitly governs over state law. The Bill of Rights as originally adopted DID NOT apply to the state governments and they were not supreme to state law. Even where those among the first ten amendments do not explicitly mention that "Congress shall" (as is the case with the First Amendment), the debate and understanding of the time clearly established that the Bill of Rights only limited Congress and had no bearing on the states. Thus, it took another amendment (i.e. the 14th) to make the Bill of Rights (and the Supreme Court has incorporated most but not all of the BOR against the states) apply against the states. I'm an attorney but you don't need to be one to understand this.
State laws that violate the constitution.
There is a thing called the 10th amendment for things not Authorized in the US Constitution. The 2nd is clearly established and the 10th does not apply.
Federal is the supreme law of the land.
You sound as if you think there is more to our governments role, than to secure and protect our rights and issue currency.
State laws that violate the constitution.
There is a thing called the 10th amendment for things not Authorized in the US Constitution. The 2nd is clearly established and the 10th does not apply.
Federal is the supreme law of the land.
You sound as if you think there is more to our governments role, than to secure and protect our rights and issue currency.
No. You are wrong on the historical context.
Here is a primer for you.
Quote:
Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court held in Barron v. Baltimore (1833) that the Bill of Rights applied only to the federal government, not to any state governments.
As for the 10th Amendment, it is an unnecessary amendment when you think about it as the Constitution does not provide for limitless power to the federal government. It explicitly authorizes certain things, but then explicitly places limits on certain other things. As the political entities that gave rise to the federal Constitution, it naturally follows that the states and/or people retained any rights and powers not expressly granted to the federal government by the Constitution. And numerous Supreme Court justices (and a few Supreme Court cases) have remarked as much. In other words, the 10th Amendment merely stated what was obvious.
Federal law is the supreme law of the land only where federal law applies. As the Supreme Court has held (see Barron v. Baltimore cited to above), the Bill of Rights as originally ratified DID NOT apply to the state governments and only limited the authority of the federal government. Again, it wasn't until the Supreme Court invented the incorporation doctrine via the 14th Amendment that the Bill of Rights was able to be incorporated against the state governments. But, even here, there is nothing explicitly in the text of the 14th Amendment that authorizes incorporation, so its really made up judge law.
But since you think you're such an expert on this, do explain to me how the First Amendment (as one example), which reads,
Quote:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
applies to the states. Clearly, the text only limits Congress/federal government and had no bearing on what the state governments could do. That is until the 14th Amendment came around. While the 2nd Amendment does not explicitly mention "Congress," it is clear from the historical context that the original first 10 Amendments to the US Constitution were meant to limit the power of Congress and had no bearing on what the states could do.
Thus, I repeat that those 2nd Amendment rights people who try to argue that the document always limited what the states could do are wrong. Plain and simple. They ignore historical and legal reality and are making things up.
It had no bearing on the the ability of states to enact gun control.
Nonsense.
While the 1st amendment DID only apply to congress (It specifically says in its text "Congress shall make no law..."), the 2nd made no such confinement of its command to only Congress. The 2nd said "Since X is true, the right shall not be restricted or taken away." Since it didn't mention WHO shall not take it away, that meant that the command applied to EVERYBODY. Including Fed govt, states, and local.
Next thing you know, you'll be telling us that while an accused person gets a jury trial if he breaks a Federal law, he DOESN'T get one if he breaks a state or local law (6th amendment).
And while the Fed govt isn't allowed to beat a confession out of a suspect, a state or local govt CAN (5th amendment).
And while A Fed govt agent must get a warrant before entering your house and searching it, a state cop can just walk in any time and search it from top to bottom, whenever he wants, for any reason or no reason (4th amendment).
And on and on.
Are you sure you want to continue this ludicrous dream that the entire BOR originally only applied to the Fed govt?
It didn't... except for the parts that specifically said so, like the 1st amendment.
And later adoption of the 14th amendment changed that, too.
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