Forums
New posts
Search forums
What's new
New posts
New media
New media comments
Latest activity
Classifieds
Media
New media
New comments
Search media
Log in
Register
What's New?
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Navigation
Install the app
Install
More Options
Advertise with us
Contact Us
Close Menu
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Forums
The Range
Law & Order
Doesn't Heller make Feinstein's Proposed Legislation Unconstitutional?
Search titles only
By:
Reply to Thread
This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
Message
<blockquote data-quote="tweetr" data-source="post: 2056248" data-attributes="member: 5183"><p>Exactly right. It is the actual text of the Second Amendment that makes Feinstein's proposal unconstitutional. No Supreme Court decision can alter the text of the Constitution. (Quiz: in which branch does the power to amend the Consitution rest? Hint: not in the Judiciary and not in the Executive.)</p><p></p><p></p><p></p><p>Yeah, I respected Scalia until I read his frankly idiotic comments on the subject. Even Scalia is flat, dead wrong. If memory serves he used contemporary comments of the founders to water down the Second Amendment guarantee. Such research can be enlightening when the actual text is in doubt, but cannot in any way be used to alter the text that is actually there and ratified by the states. "Shall not be infringed" leaves simply no wiggle room whatsoever. Any regulation of firearms whatsoever necessarily and intrinsically must "infringe" the right to keep and bear arms.</p><p></p><p></p><p></p><p>Certainly they get it! That is the whole and explicitly acknowledged point! </p><p></p><p>For that matter the First, Second, Fourth, Fifth, Ninth, and Tenth Amendments already are summarily violated, to name only one example of many, every single time you fly. I am a professional pilot, in which capacity I have the exquisite pleasure of traveling weekly on the airlines. As I approach the federally mandated security checkpoint (entirely within the sovereign state in which the airport resides) I read federal signs informing me that I may be arrested if I utter a proscribed joke within the hearing of any of the twenty or so blue-shirted federal officers standing nearby. On the same federal sign is the instruction that carrying arms (or even a water bottle, for crying out loud!) will subject me to summary confiscation and even arrest. Next I prepare my person, papers, and effects for unreasonable search and seizure absent any warrant issued upon oath or affirmation for probable cause. Next I present my federally mandated identification to one of the blue-shirted federal officers for inspection to obtain his permission to go peaceably about my business - without which permission I may not on pain of summary arrest. During taxi out I listen for the umpteenth time to various announcements that federal law (not state law or airline company policy) imposes stiff penalties if I do this or that, and even requires that I obey all crewmember instructions (this too would be perfectly fine if it were merely airline policy as a condition for flying on their airplanes). All of this necessarily deprives me of liberty without due process of law.</p><p></p><p></p><p></p><p>Regrettably all too true. The Executive branch has no power, by executive order or any other means, to amend the Constitution. Ladies and gentlemen, if the people, or merely their stupidly elected masters in Washington, wish to circumvent the protections of the Constitution, there is only one legal way to do so: by Constitutional amendment! Any other method whatsoever, whether federal law, executive order, Supreme Court decision, or what have you - is utterly lawless! The relevant question, one for which I have no satisfactory answer, is: why do a free people permit frank, despotic usurpation of their God-given and Constitutionally guaranteed sovereignty right out in the open and under their noses?</p></blockquote><p></p>
[QUOTE="tweetr, post: 2056248, member: 5183"] Exactly right. It is the actual text of the Second Amendment that makes Feinstein's proposal unconstitutional. No Supreme Court decision can alter the text of the Constitution. (Quiz: in which branch does the power to amend the Consitution rest? Hint: not in the Judiciary and not in the Executive.) Yeah, I respected Scalia until I read his frankly idiotic comments on the subject. Even Scalia is flat, dead wrong. If memory serves he used contemporary comments of the founders to water down the Second Amendment guarantee. Such research can be enlightening when the actual text is in doubt, but cannot in any way be used to alter the text that is actually there and ratified by the states. "Shall not be infringed" leaves simply no wiggle room whatsoever. Any regulation of firearms whatsoever necessarily and intrinsically must "infringe" the right to keep and bear arms. Certainly they get it! That is the whole and explicitly acknowledged point! For that matter the First, Second, Fourth, Fifth, Ninth, and Tenth Amendments already are summarily violated, to name only one example of many, every single time you fly. I am a professional pilot, in which capacity I have the exquisite pleasure of traveling weekly on the airlines. As I approach the federally mandated security checkpoint (entirely within the sovereign state in which the airport resides) I read federal signs informing me that I may be arrested if I utter a proscribed joke within the hearing of any of the twenty or so blue-shirted federal officers standing nearby. On the same federal sign is the instruction that carrying arms (or even a water bottle, for crying out loud!) will subject me to summary confiscation and even arrest. Next I prepare my person, papers, and effects for unreasonable search and seizure absent any warrant issued upon oath or affirmation for probable cause. Next I present my federally mandated identification to one of the blue-shirted federal officers for inspection to obtain his permission to go peaceably about my business - without which permission I may not on pain of summary arrest. During taxi out I listen for the umpteenth time to various announcements that federal law (not state law or airline company policy) imposes stiff penalties if I do this or that, and even requires that I obey all crewmember instructions (this too would be perfectly fine if it were merely airline policy as a condition for flying on their airplanes). All of this necessarily deprives me of liberty without due process of law. Regrettably all too true. The Executive branch has no power, by executive order or any other means, to amend the Constitution. Ladies and gentlemen, if the people, or merely their stupidly elected masters in Washington, wish to circumvent the protections of the Constitution, there is only one legal way to do so: by Constitutional amendment! Any other method whatsoever, whether federal law, executive order, Supreme Court decision, or what have you - is utterly lawless! The relevant question, one for which I have no satisfactory answer, is: why do a free people permit frank, despotic usurpation of their God-given and Constitutionally guaranteed sovereignty right out in the open and under their noses? [/QUOTE]
Insert Quotes…
Verification
Post Reply
Forums
The Range
Law & Order
Doesn't Heller make Feinstein's Proposed Legislation Unconstitutional?
Search titles only
By:
Top
Bottom