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Taxing Authority
LSU Fan
Houston
Member since Feb 2010
25170 posts
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re: How come some constitutional rights can have such massive restrictions...

quote:

Do you really think that right now you would and group of bretheren would be able to join together and take out the US army.
Given what we saw in Iraq, do you think the US army could successfully occupy the entire United States with the arms the citizens currently have? If so...


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Taxing Authority
LSU Fan
Houston
Member since Feb 2010
25170 posts
Online

re: How come some constitutional rights can have such massive restrictions...
quote:

If you took english you would understand that a statement following that comma means the statement refers to the first statement made in the sentence


Numberwang
Arkansas Fan
Up in hurrr.
Member since Feb 2012
4030 posts

re: How come some constitutional rights can have such massive restrictions...
Real "progressives" say the Constitution is outdated and needs to be scrapped. It doesn't really matter what the document says.



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alexman
Member since Oct 2012
678 posts

re: How come some constitutional rights can have such massive restrictions...
quote:

But apart from thatclarifying function, a prefatory clause does not limit or expand the scope of the operative clause. See F. Dwarris, A General Treatise on Statutes 268–269 (P. Potter ed. 1871) (hereinafter Dwarris); T. Sedgwick, The Interpretation and Construction of Statutory and Constitutional Law 42–45 (2d ed. 1874).3 “‘It is nothing unusual in acts . . . for the enacting part to go beyond the preamble; the remedyoften extends beyond the particular act or mischief which first suggested the necessity of the law.’” J. Bishop, Commentaries on Written Laws and Their Interpretation §51, p. 49 (1882) (quoting Rex v. Marks, 3 East, 157, 165 (K. B. 1802


Sure and i agree with having guns. But this does not give you the right to carry them around whenever you please. I think one law that should be passed is one that does not allow individuals to carry rifles around in public


alexman
Member since Oct 2012
678 posts

re: How come some constitutional rights can have such massive restrictions...
quote:






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charlieg14
LSU Fan
Member since Mar 2006
2528 posts

re: How come some constitutional rights can have such massive restrictions...
quote:

Why is it that firearms (which the 2nd Amendment protects the right to keep and bear) are subject to such oppresive laws (with more coming), YET the right to vote, and such "rights" as abortion, can have hardly ANY restrictions/regulations?


Yeah. Next thing you know, we'll be REQUIRED to register our vehicles and be personally licensed to have the right to drive those vehicles. We may even be REQUIRED to drive beneath a speed limit and heed traffic signs.

DAMN government intervention.


Ace Midnight
LSU Fan
Between sanity and madness
Member since Dec 2006
39879 posts

re: How come some constitutional rights can have such massive restrictions...
quote:

In Heller, Stevens discusses 19th century jurisprudence re the 2nd:


quote:

Stevens also disagrees with Scalia's interpretation of Cruikshank:


quote:

And Stevens goes on to write that this really wasn't even at issue before:


First of all, Stevens couldn't get 4 other votes, so it is persuasive, but only to those already predisposed.

Even if, for a moment, I thought civilian disarmament was a good idea, I would be forced to concede that a set of amendments - clearly to protect individuals and states from a potentially overreaching federal government - would mean what the plain language of the operative clause "the right of the people to keep and bear arms, shall not be infringed" meant. It cannot mean anything other than that.

The, frankly ridiculous, contortions required to argue that it really meant is that the government is allowed to keep weapons are unseemly and distasteful - and ultimately not very persuasive.

Really? In a "Bill of Rights", in there with protection of the people to worship freely, freedom to assemble and petition for redress, freedom from unlawful search and seizure of their person, papers, property, freedom to not be compelled to give testimony against themselves, etc., etc., etc., "But, oh, that second one is damned inconvenient, so it must mean something other than what it says about no infringement on 'the right of the people to keep and bear arms' - what about that militia stuff in the beginning - that must mean the National Guard and stuff like that. So, yeah - let's go with that - it really just means that the military and law enforcement can have guns not 'the people', though it technically does say 'the people'."

Distasteful and unpersuasive.
This post was edited on 1/16 at 12:35 pm


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alexman
Member since Oct 2012
678 posts

re: How come some constitutional rights can have such massive restrictions...
quote:

Yeah. Next thing you know, we'll be REQUIRED to register our vehicles and be personally licensed to have the right to drive those vehicles. We may even be REQUIRED to drive beneath a speed limit and heed traffic signs.

DAMN government intervention.


Ilove when ppl complain about anything on this subject but fail to understand that we are only required to have a driver's license and license plate for the ability to use ROADS. The roads are paid for and owned by the government and they can police them how ever they like. If you own a large amount of land you can buy a car and are not required ro have a license plate if you only drive on your land.


charlieg14
LSU Fan
Member since Mar 2006
2528 posts

re: How come some constitutional rights can have such massive restrictions...
quote:

Ilove when ppl complain about anything on this subject but fail to understand that we are only required to have a driver's license and license plate for the ability to use ROADS. The roads are paid for and owned by the government and they can police them how ever they like. If you own a large amount of land you can buy a car and are not required ro have a license plate if you only drive on your land.


Well that covers almost 99.99% of our population, doesn't it?


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MFn GIMP
LSU Fan
Member since Feb 2011
8993 posts

re: How come some constitutional rights can have such massive restrictions...
quote:

But this does not give you the right to carry them around whenever you please.

Says who?

quote:

I think one law that should be passed is one that does not allow individuals to carry rifles around in public

And we can have a legitimate debate about that but to state that the 2nd amendment only applies to the militia is not factually true.


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udtiger
LSU Fan
Louisiana
Member since Nov 2006
30349 posts

re: How come some constitutional rights can have such massive restrictions...
quote:

Yeah. Next thing you know, we'll be REQUIRED to register our vehicles and be personally licensed to have the right to drive those vehicles. We may even be REQUIRED to drive beneath a speed limit and heed traffic signs.

DAMN government intervention.


No right to drive (or "right" for that matter). Driving is a privilege (hence, revocation of driving privileges).


MFn GIMP
LSU Fan
Member since Feb 2011
8993 posts

re: How come some constitutional rights can have such massive restrictions...
More Heller
quote:

We have found only one early 19th-century commentator who clearly conditioned the right to keep and bear arms upon service in the militia—and he recognized that the prevailing view was to the contrary. “The provision ofthe constitution, declaring the right of the people to keepand bear arms, &c. was probably intended to apply to the right of the people to bear arms for such [militia-related] purposes only, and not to prevent congress or the legislatures of the different states from enacting laws to preventthe citizens from always going armed. A different construction however has been given to it.” B. Oliver, The Rights of an American Citizen 177 (1832).


udtiger
LSU Fan
Louisiana
Member since Nov 2006
30349 posts

re: How come some constitutional rights can have such massive restrictions...
Bump


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RollTide1987
Alabama Fan
Aurora, CO
Member since Nov 2009
27997 posts

re: How come some constitutional rights can have such massive restrictions...
quote:

I mean it just makes sense...if the 2nd doesn't only apply to the militia, why mention the militia. And at the time we had no standing armies. The militia was for all intents and purposes, our military,



Not true at all. The United States had a professional army in 1787, albeit a very small one.



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