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The
Below Comments Relate to this Newslink:
AZ: Courts and right to bear arms
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Not noted in the Shoemaker article was another statement by Scalia, “Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose…” In McDonald vs. City of Chicago (2010), the Supreme Court held that the Second Amendment applies to the states.
If Shoemaker had read the numerous decisions by the court he might discover that Supreme Court justices are more than fossilized ideologs. His attempts to polarize readers is symptomatic of all true believers. Paranoia about the far-left successfully repealing the Second Amendment is unwarranted.
total ban. |
| Comment by:
MarkHamTownsend
(6/2/2018)
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Yeah, well, didn't one of the justices recently publish a New Yuck Times article calling for the repeal of the 2A?
Paranoid? "Even paranoids have enemies," ~~~Henry Kissinger. |
| Comment by:
PHORTO
(6/2/2018)
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The writer conveniently omits any reference to the 14th Amendment, which applies the Bill of Rights to bind the states.
Under the 10th Amendment, the states retain all powers not delegated to the United States, but the 14th Amendment delegates the power to bind the states to the Second Amendment, superseding the 10th in that regard and rendering state gun control police powers moot. They cannot exceed that which has been established federally.
Heller also ruled that whole classes of arms in common use cannot be banned, or regulated so tightly that such regulation amounts to a de facto ban. McDonald extended that ruling to bind the states and their subdivisions. |
| Comment by:
PHORTO
(6/2/2018)
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(second installment)
"Responsible people, acting responsibly with reasonable weapons, have little to fear about a total ban."
"Reasonable weapons"?
Conspicuously omitted, since Mr. Chanaud's letter is about "courts and the right to bear arms," is the U.S v. Miller decision, which identified literally which types of arms are within the ambit of the people's right to keep and bear. Unless he considers those arms as "reasonable weapons", his 'effete' analysis paints him as an insufferable popinjay.
Other than the veiled implication in his conclusion, the letter was... alright. |
| Comment by:
lucky5eddie
(6/5/2018)
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"but says nothing about control"
Obviously this character does not understand the concept "shall not be infringed".
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| QUOTES
TO REMEMBER |
| By calling attention to a well-regulated militia for the security of the Nation, and the right of each citizen to keep and bear arms, our Founding Fathers recognized the essentially civilian nature of our economy. Although it is extremely unlikely that the fears of governmental tyranny, which gave rise to the second amendment, will ever be a major danger to our Nation, the amendment still remains an important declaration of our basic military-civilian relationships, in which every citizen must be ready to participate in the defense of the country. For that reason I believe the second amendment will always be important. --JOHN F. KENNEDY |
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