Porter Rockwell
Gold Member
- Dec 14, 2018
- 6,088
- 666
- 140
- Banned
- #121
Nonsense.where do you get your propaganda from?Seems like the activism of legislating from the bench. The People are the Militia under the common law for the common defense.Well, if you feel that way, tell they judges. They wrote the rulings.
That is irrelevant. The United States Supreme Court ruled that the Right to keep and bear Arms is not dependent on the Constitution. In other words, the Right predates the Constitution.
the simple legal error was in the composition of the militia. the People are the Militia. There is no one unconnected with the Militia, only militia service, well regulated.
I'm not a political hack. I work in a firm that does legal research, shepardizing, legal investigations, and prepares briefs. How about you?
You can talk about the militia all day long. I'm talking about the Right to keep and bear Arms. Since neither the right nor the left concern themselves with the elements of Freedom, Liberty and Justice, it leaves a void wherein I can share something besides the typical political dumbassery that you apparently dabble in on a daily basis.
As someone familiar with the history of legal precedents, I try to follow the reasoning of how the Constitution today means 180 degrees opposite of what it did when the framers put their signature on it.
There is a higher principle in play. Nobody is ever required to disobey an unconstitutional law. The challenge is, we have to know when the United States Supreme Court oversteps their boundaries and give their unconscionable actions the same respect we'd give to any other illegal act.
The Constitution exists solely in the context of its case law, as determined by the Supreme Court – including the Second Amendment.
The Framers understood this, which is why they codified the doctrine of judicial review in Articles III and VI of the Constitution.
As Justice Kennedy explained in Lawrence:
“Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.”
And those who drafted and ratified the Second Amendment likewise did not presume to have a comprehensive understanding as to the meaning of the rights enshrined in the Amendment, of what weapons were subject to government regulation and what weapons were not, and what is the scope of lawful self-defense – matters that later generations would determine through the political process and eventually in the courts.
Was that a warning when you began that post? I agree it was NONSENSE. You strung some words together and they didn't make a damn bit of sense.
Here's some plain old common horse sense for those of you with an IQ above your shoe size:
If everybody who owns a firearm today knew that the United States Supreme Court could tomorrow unilaterally decide your weapon was illegal because it didn't fit some category they came up with AND that they could jail you (though ex post facto laws are illegal) what would you do?