Supreme Court Takes Major NRA Second Amendment Case from New York

That comment could well apply to practically all of the postings on this forum.

 

Not in the slightest.

Like all rights. This is why the police, absent a warrant, can constitutionally break down your door if they hear someone screaming inside.

1st Amendment jurisprudence clearly states that not every utterance or conveyance of message is protected by the 1st because it lies outside the right to free speech; similarly, not every act one can commit, nor every weapon someone can name is protected by the 2nd because it lies outside the right to keep and bear arms.
This should be brutally clear example I provided - unless, of course, you believe the 2nd protects the right to commit murder.

Due process means the state has to take someone to court.

 

Not necessarily, but quite possibly.
The fact they do this, however, in no way invalidates the argument they they violate the 2nd while doing so.

 

See Marbury vs Madison and Miranda vs Arizona.

 

Except the one that cites the exact wording of the second amendment.


Mine

 

You're going to have to do better than that.
Explain how these cases are relevant to shat I said.

 

The content of those cases are self explanatory: "

"All laws which are repugnant to the Constitution are null and void." Marbury vs. Madison 5 US (2 Crancch) 137, 174, 176, (1803) also "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them. " Miranda vs. Arizona, 384 US 436 p. 421 "

 

Even that one is still an opinion... the opinion of the authors of that document.

 

I am not asking you about their opinion. Just read what they wrote

 

neither ruling has anything to do with the discussion. EVERY right can be and is restricted, via due process and compelling state interest.

 

Unfortunately none of the opinions posted here - for or against - matter one little bit

Nine or eight unelected demigods who serve for life have the last word

and only their opinion matters

Naturally I hope they wake up on the side of the bed that upholds gun rights

But there is no gurantee of that

 

I have read it many times and have also wished that the necessary enforcement was available to make it a real life scenario. However, what they wrote is not being enforced therefore the states and the feds are in violation of that clause "shall not be infringed."

 

And so you agree:
The fact they do this, however, in no way invalidates the argument they they violate the 2nd while doing so.

 

I never said that I did not agree. I merely added the citations as a means of ending any needless debate on a factual matter.

 

That is incorrect. That the Second Amendment protects a preexisting right is historical fact.

Yes.

Opinion that is backed by legal and factual history.

Wrong. Your claims about what the text of the Second Amendment means are just your opinion.

That's just your opinion.

 

Are you going to contend that these weapons were siege artillery?

Helmets, shields, spears, and chainmail were used by infantry.

It is typical of military units to standardize on specific weapons.

Likewise militiamen today would probably standardize on the M16 and not use AK47s.

That is incorrect. Militiamen have the right to have modern weapons.

Militiamen carried spears 800 years ago. Today they carry weapons like the M16 and AT4.

Due process means a fair trial in court.

 

We're getting there though. The Supreme Court has begun to strike down these unconstitutional laws.

 

IMHO, the SCOTUS needs to be rid of some more of the liberal/socialist members... and move more to the Constitutional side of Justice.... that would likely rid the people of many un-necessary statutory bs writings.

 

I agree.

We're getting there.

Ruth Bader Ginsburg - age 85

Stephen Breyer - age 80

Sonia Sotomayor - diabetes

 

No argument !

 

That entire post is an opinion

 

I agree completely

 

Wrong. That post has numerous facts in it.

 

Thank you for your opinion

 

Your referring to facts as opinion just makes you wrong.