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Started By
Message
"Militia" is irrelevant.
Posted on 2/22/18 at 11:22 am
Posted on 2/22/18 at 11:22 am
In DC v Heller the Supreme Court made it unequivocal that the right to keep and bear arms is a right unto itself having no dependence on militia membership.
So until/unless SCOTUS changes their opinion on Heller, anyone trying to use the "militia" argument against being able to keep and bear arms is just being a Russian bot.
quote:
The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved.
So until/unless SCOTUS changes their opinion on Heller, anyone trying to use the "militia" argument against being able to keep and bear arms is just being a Russian bot.
3
Posted on 2/22/18 at 11:24 am to Bard
quote:
In DC v Heller the Supreme Court made it unequivocal that the right to keep and bear arms is a right unto itself having no dependence on militia membership.
Google "dicta"
Posted on 2/22/18 at 11:26 am to Lakeboy7
quote:
Google "dicta"
Can't google that at work, baw
Posted on 2/22/18 at 11:28 am to upgrayedd
quote:
Can't google that at work, baw
Posted on 2/22/18 at 11:29 am to Lakeboy7
quote:
Google "dicta"
I would if I were desperately clinging to some false narrative that's existed only in the minds of the delusional.
Posted on 2/22/18 at 11:30 am to Lakeboy7
quote:
"dicta"
It's a marginally meaningful distinction with regard to US Supreme Court opinions.
Posted on 2/22/18 at 11:30 am to Lakeboy7
Google the definition of militia in 1791.
Posted on 2/22/18 at 11:31 am to Lakeboy7
quote:
Google "dicta"
Ouch, might want to take your own advice and edit that...the discussion of the definition is not dicta - it is central to the Court's holding. The Court goes on an extensive analysis on the meaning of militia including every able-bodied man (and woman). The individual right to bear arms flows directly from that. It is central to the holding.
That is not dicta, lol.
Posted on 2/22/18 at 11:32 am to Bard
What the supreme court says,doesn't mean a fricking thing to me. I decide what the language means.
Posted on 2/22/18 at 11:36 am to auggie
quote:
What the supreme court says,doesn't mean a fricking thing to me. I decide what the language means.
Posted on 2/22/18 at 11:42 am to Usafgiles
quote:
Usafgiles
It's a damn fact.You don't let somebody double talk you about what you know to be true.
I know what my 2nd amendment rights are. frick what anybody else says.
Posted on 2/22/18 at 11:47 am to Bard
quote:
having no dependence on militia membership.
You don't need a "membership" to be part of the "militia": 10 U.S. Code Section 24:
quote:
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
So basically if you're male and aged 17-45 you are part of the militia of the United States.
Posted on 2/22/18 at 11:51 am to auggie
quote:
What the supreme court says,doesn't mean a fricking thing to me. I decide what the language means
Says almost every judge on the 9th Circuit
Posted on 2/22/18 at 12:06 pm to Lakeboy7
quote:I'm sure that somehow doesn't apply to roe v wade baby murdering, does it?
Google "dicta"
Posted on 2/22/18 at 12:13 pm to Loserman
quote:
Says almost every judge on the 9th Circuit
Yes,and their rulings are mostly opposite of my opinion.
If The SCOTUS came to a ruling that infringes my 2nd amendment rights,they are no longer relevant.
Their opinion would be meaningless.
When it comes to MY rights,I am the final word.
Posted on 2/22/18 at 12:22 pm to auggie
quote:
When it comes to MY rights,I am the final word.
What happens when YOUR rights start interfering with MY rights?
Posted on 2/22/18 at 12:27 pm to auggie
quote:
auggie
Posted on 2/22/18 at 12:28 pm to brouski
quote:
What happens when YOUR rights start interfering with MY rights?
Then I expect you to defend your fricking rights and I will defend mine. Are you a U.S. Citizen? You have the same rights as I do.
You want to take my weapons? You best be better armed than I am.
Posted on 2/22/18 at 1:26 pm to efrad
quote:
You don't need a "membership" to be part of the "militia"
According to some of the Russian-bot regurgitaters of fake news here the 2nd applies only to people belonging to "a well-regulated militia".
Because the Constitution is #LegalFluid and stuff.
But thanks for the additional info
Posted on 2/22/18 at 1:28 pm to brouski
quote:
What happens when YOUR rights start interfering with MY rights?
Are you implying that me owning a firearm interferes with your rights in some way?
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