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January 12, 2019, 03:59 PM | #1 |
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How did the states hijack the Constitution?
The Constitution plainly tells us that enumerated rights are under federal purview while the unenumerated ones are under the state's purview. So, how did the states seize control of the Second Amendment by requiring permits and such?
I know about the black codes during reconstruction but how did that morph into the mess we have today? |
January 12, 2019, 08:01 PM | #2 |
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IMO, basically the Courts refusing to protect the right due to the state militia debate, judges not seeing many restrictions as a violation of the right to self-defense, and not enough people resisting. For example, many see the idea of the Second Amendment as protecting an individual right as wrong, that it was about state militias. So they see no problems with bans on guns period. In addition, IMO, I think many judges as well don't buy into the resistance to tyranny argument and don't see it that they are really infringing on anybody's right to self-defense by banning things like "assault weapons" or even semiautomatic rifles and guns period, because as they see it, bolt-action rifles and pump-action shotguns are plenty enough for self-defense. Finally, so long as the politicians pass these laws and the courts uphold them and the SCOTUS refuses to hear them (and that's provided it would strike them down even if it did), if the people en masse do not rise up against them, then the politicians do not feel pressured.
I believe the media, being mainly supportive of gun control, also plays a part. If these various gun control laws and attempts as such were say instead laws restricting things the media cares about (won't give any specific examples to avoid politics, but you can figure them), you would see I think MASSIVE amounts more coverage about the "horrible" laws being put into place restricting "X" right. But you don't see that with gun control. For example, the recent ballot measure restricting guns highly in Washington state. The media didn't really cover it, and to any extent they did, they were generally supportive. But if they were instead as against gun control as they would be restrictions on rights they care about, the national media would've been talking nightly about how Washington is trying to pass a misleading ballot measure to destroy gun rights in the state, yada yada. |
January 13, 2019, 07:36 AM | #3 | |
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January 13, 2019, 10:32 AM | #4 | |
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The rights one holds against the federal government are no enumerated; the powers of the Federal government are. That is the structure of legally limited federal government. State powers are not merely the enumerated ones. The rights an individual holds against the state are enforced against a context of a state's general police power.
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January 13, 2019, 12:43 PM | #5 |
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Amndm't 10:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to The People." postscript: ". . . or to The people." It does make for in interesting reflection back upon the 2nd -- which was one of the few specifically directed to . . . The People . . . . but I digress . . . Last edited by mehavey; January 13, 2019 at 12:55 PM. |
January 14, 2019, 01:06 PM | #6 | ||||||||||
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Quote:
I. The Relationship Between State and Federal Law
II. Regulation of Constitutionally Protected Rights.
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February 12, 2019, 03:09 PM | #7 | |
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I know it's a losing battle, but I even think the popular term "Bill of Rights" is a misnomer.
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February 12, 2019, 03:14 PM | #8 |
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Quite simply.. We allowed it to happen. We allowed the wrong people to be elected and the wrong laws to be passed. In most cases, we felt it would never really happen so we did nothing to prevent it and then it did.
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February 12, 2019, 03:45 PM | #9 |
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Ever hear of the Supreme Court? Nothing's been hijacked. You're entitled to your opinion and others are entitled to theirs. The courts sort it out.
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February 12, 2019, 04:02 PM | #10 |
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That is the correct answer. We have a federal judiciary to determine whether government has exceeded its authority.
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February 13, 2019, 09:07 AM | #11 | |
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Another poster mentioned somewhere that the 'other side when voting' was 'stupid, ignorant'. Sorry, that isn't going to get people to the polls to vote the 'right' way.
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February 13, 2019, 02:28 PM | #12 |
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I feel the nation wants to rid itself of gun ownership. I have posted about the constitution being done before, in reality it’s just going through a slow process. The populace is gradually getting rid of guns and eventually, private ownership of guns will end in the US. Hunting weapons will probably be the last to go.
The anti gun population will, in time, get what they want. Our nature as a nature is changing, there’s always going to be a progressive ideology and people that love with outdated views and morals. Things that are old or mainstream beliefs now were all at one time progressive ideals. Private gun ownership in the United States will come to an end. It may take till the turn of the century but it will end. |
February 13, 2019, 03:41 PM | #13 | |
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Thanks to Frank and Spats for their cogent analyses. The most devastating threats to the RKBA will be a renewal of the Federal AWB in a much more inclusive and total fashion. That is not likely given Senate rules, unless the GOP panics.
The more likely threat is an expansion of state bans that take out classes of weapons. As Frank points out, Quote:
As far as expansion beyond Heller or using Heller to weaken or eliminate the still draconian rules in NY, CA, MA, etc. - I'm not holding my breath. UBCs are probably coming as the arguments against are all convincing to gun advocates but not to those outside the committed. This is not usually understood by the committed due to selective information processing, confirmation bias and motivated reasoning. Explain why if you go through a NICS check for new gun or used from an FFL and you don't want to go through one for a private sales, is hard for those outside the committed to actually understand.
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February 27, 2019, 08:24 PM | #14 |
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Historically, the states have tended to infringe citizen's rights (Jim Crow, sodomy laws, red lining, laws against birth control, etc.) and so state authority has been eroded as the US Supreme court has had to step in. The idea that a state will expand individual rights relative to the federal code is pretty recent. I can only think of gun rights and possibly marijuana legalization.
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February 27, 2019, 09:01 PM | #15 | |
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Quote:
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February 27, 2019, 09:09 PM | #16 |
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exactly, Federal Judiciary is a joke and are now implementing politics from the bench
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February 28, 2019, 07:58 AM | #17 |
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'Now'? The federal judiciary has been 'politicking' from the bench for as long as there has been a federal judiciary. On any all and both sides of any issue.
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