The Right To Bear Arms

[Bootney Lee Farnsworth]

Scalia knew that was a loser argument for what he was trying to accomplish so he tried to pretend the Militia Clause didn't exist

Scalia was trying to avoid the very thing he SHOULD have done. He should have declared all Federal gun laws unconstitutional, but the clumsy nature of the 14th Amendment would have thrown out all State gun laws too. He knew he had a huge federal v. state shit-burger caused by the poor drafting of the 14th Amendment and he side-stepped it. And you should fucking know it.

The "militia" clause was irrelevant to the acknowledged pre-existing right of the people to arms. Scalia was concerned about the complete inability of both federal and state governments to regulate arms in any way had he done the right thing.

In other words, we need to amend the 14th Amendment to still allow States to regulate arms.

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[Lesh]

Scalia was trying to avoid the very thing he SHOULD have done. He should have declared all Federal gun laws unconstitutional,

He knew he'd never get away with that. As pointed out previously..he had to convince four other right wing Justices to go along and THEY would never have gone that far

 

[Bootney Lee Farnsworth]

Scalia was trying to avoid the very thing he SHOULD have done. He should have declared all Federal gun laws unconstitutional,

He knew he'd never get away with that. As pointed out previously..he had to convince four other right wing Justices to go along and THEY would never have gone that far

Of course they would not have gone that far. The 14th Amendment had fucked it all up. No government would have been allowed to regulate arms and you would get a free-for-all.

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[watchingfromafar]

Certainly the Miller Court would have said something about it, given that Miller was NOT a member of any militia or the National Guard.

Clearly you don't know a damn thing about Robert Mueller III. Above, I underlined your misinformed, brain washed dogma

Fact check Robert Mueller III

Robert Swan Mueller III (/ˈmʌlər/ (rhymes with "duller"[3]; born August 7, 1944) is an Americanattorney and current Special Counsel of theinvestigation into Russian interference in the 2016 United States elections and related matters. He served as the sixth Director of the Federal Bureau of Investigation (FBI) from 2001 to 2013.

A graduate of Princeton University and New York University, Mueller served as a Marine Corps officer during the Vietnam War, receiving a Bronze Star for heroism and Purple Heart. He subsequently attended the University of Virginia School of Law.

Mueller is a registered Republican in Washington, D.C. and was appointed and reappointed to Senate-confirmed positions by Presidents George H. W. Bush, Bill Clinton, George W. Bush, and Barack Obama.[4][5] He has spent the bulk of his career in government service, serving at times as an Assistant United States Attorney, a United States Attorney, United States Assistant Attorney General for the Criminal Division, a homicide prosecutor in Washington, D.C., Acting United States Deputy Attorney General, and Director of the FBI. Mueller was a partner at the D.C. law firm WilmerHale before being appointed as special counsel.

Bootney Lee Farnsworth, you are wrong and all I ask is for you to correct your misguided idea, here and now !!

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[Lesh]

Certainly the Miller Court would have said something about it, given that Miller was NOT a member of any militia or the National Guard.

Clearly you don't know a damn thing about Robert Mueller III. Above, I underlined your misinformed, brain washed dogma

Fact check Robert Mueller III

Robert Swan Mueller III (/ˈmʌlər/ (rhymes with "duller"[3]; born August 7, 1944) is an Americanattorney and current Special Counsel of theinvestigation into Russian interference in the 2016 United States elections and related matters. He served as the sixth Director of the Federal Bureau of Investigation (FBI) from 2001 to 2013.

A graduate of Princeton University and New York University, Mueller served as a Marine Corps officer during the Vietnam War, receiving a Bronze Star for heroism and Purple Heart. He subsequently attended the University of Virginia School of Law.

Mueller is a registered Republican in Washington, D.C. and was appointed and reappointed to Senate-confirmed positions by Presidents George H. W. Bush, Bill Clinton, George W. Bush, and Barack Obama.[4][5] He has spent the bulk of his career in government service, serving at times as an Assistant United States Attorney, a United States Attorney, United States Assistant Attorney General for the Criminal Division, a homicide prosecutor in Washington, D.C., Acting United States Deputy Attorney General, and Director of the FBI. Mueller was a partner at the D.C. law firm WilmerHale before being appointed as special counsel.

Bootney Lee Farnsworth, you are wrong and all I ask is for you to correct your misguided idea, here and now !!

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Looks like one of our Russian trolls got confused between Miller and Mueller

LOL...Funny shit

 

[Lesh]

Russian trolls think attacking based on race is a winner

 

[watchingfromafar]

Looks like one of our Russian trolls got confused between Miller and Mueller

LOL...Funny shit

I have made the same mistake before, not just once but several times. My guess it's a result of my half dead 70 year old brain.

Thanks for correcting me.

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[watchingfromafar]

Bootney Lee Farnsworth, please forgive me.

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[Bootney Lee Farnsworth]

Bootney Lee Farnsworth, please forgive me.

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No worries. It just derailed our discussion.

 

[watchingfromafar]

No worries. It just derailed our discussion.

You can bring it back if I just keep out of it.
silence is golden
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[Bootney Lee Farnsworth]

So, back on topic:

NOBODY wanted to touch the 2A as it relates to the 14th. It would have opened the door for lots of chaos and a bunch of emergency action. They all preferred to let sleeping dogs lie.

Enter, the Heller decision.

Without the clumsy 14th Amendment, the 2nd Amendment is strictly a limit on federal power. Nothing more. But, when States are required to give state citizens due process and the privileges and immunities of U.S. Citizens, the 2nd Amendment becomes a bar on State power too.

Now, nobody can regulate arms. Then, we have a huge constitutional show down on the 14th Amendment, which upsets 100+ years of jurisprudence and the whole fucking Union is hanging in the balance.

They should have let it happen and it would have made the Union stronger. But, people are chicken shit.

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[Markle]

That was a pretty stupid post. Care to explain what you think it meant?

None of the educated folks will be the least bit surprised that you have no clue about the rules of the use of a comma. That helps explain a LOT about your lack of understanding of our founding documents.

Perhaps you could find a remedial course in the English language at a local community college or high school.

The first clause cannot be meaningless and the second clause must follow wherever it goes.

My far left Progressive good friend danielpalos STILL does not understand the proper use of something as simple as a COMMA!

 

[Bootney Lee Farnsworth]

Here is why I am convinced that the SCOTUS has been afraid to fully apply the 2A as intended (from McDonald v. Chicago, J. Alito):

The Bill of Rights, including the Second Amendment, originally applied only to the Federal Government. In Barron ex rel. Tiernan v. Mayor of Baltimore, 7 Pet. 243 (1833), the Court, in an opinion by Chief Justice Marshall, explained that this question was “of great importance” but “not of much difficulty.” Id., at 247. In less than four pages, the Court firmly rejected the proposition that the first eight Amendments operate as limitations on the States, holding that they apply only to the Federal Government. See also Lessee of Livingston v. Moore, 7 Pet. 469, 551–552 (1833) (“t is now settled that those amendments [in the Bill of Rights] do not extend to the states”).

"The constitutional Amendments adopted in the aftermath of the Civil War fundamentally altered our country’s federal system. The provision at issue in this case, §1 of the Fourteenth Amendment, provides, among other things, that a State may not abridge “the privileges or immunities of citizens of the United States” or deprive “any person of life, liberty, or property, without due process of law.”

See McDonald v. Chicago, 561 U.S. 742
https://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

 

[Lesh]

Now, nobody can regulate arms.

Absolutely false. Even Heller recognizes the ability to do so

 

[danielpalos]

You assume that "well-regulated" means "organized" (it does not)

According to the Constitution in Article 1 Section 8 it is VERY organized...having rolls,officers,training, discipline

And it's the people IN the militia...which is why the militia clause was put there

Wellness of Regulation for the Militia of the United States must be prescribed by our federal Congress.

 

[danielpalos]

According to the Constitution in Article 1 Section 8 it is VERY organized...having rolls,officers,training, discipline

And it's the people IN the militia...which is why the militia clause was put there

It still says "the right of the People" so, you are not correct.

You confuse our Second Amendment with natural rights.

It can also mean, there is no excuse for denying or disparaging the People from keeping and bearing Arms for their State or the Union.

 

[Markle]

Monitors, HELP! Lock this and let it go away.

This has devolved, after more than 750 pages of nothing but "yes they did, no they did not".

 

[Bootney Lee Farnsworth]

Absolutely false. Even Heller recognizes the ability to do so

That's what I am saying. Heller is wrong. They are afraid to fully apply both the 2nd and the 14th.

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[Bootney Lee Farnsworth]

You confuse our Second Amendment with natural rights.

It can also mean, there is no excuse for denying or disparaging the People from keeping and bearing Arms for their State or the Union.

But, it doesn't. The more you try to make up obscure meanings, the more people resist.

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[Bootney Lee Farnsworth]

Here's what SHOULD happen:

1. The 14th Amendment is amended to be more clear as it relates to the 2nd.
2. All federal gun laws are declared unconstitutional.
3. States regulate firearms as they see fit.