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re: Reagan era judges shoots down Trump 14th amendment EO

Posted on 1/24/25 at 1:09 pm to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476592 posts
Posted on 1/24/25 at 1:09 pm to
quote:

Not only were automatic weapons a thing, but one of the most violent school shootings in our nation's history happened before the ratification of the second amendment.


I'm going to need some citations
This post was edited on 1/24/25 at 1:09 pm
Posted by imjustafatkid
Alabama
Member since Dec 2011
65764 posts
Posted on 1/24/25 at 1:34 pm to
quote:

1. I cannot variety your point about automatic weapons in 1791.


Only because you've never put any effort into researching it. Automatic weapons were envisioned nearly 200 years before the second amendment, were used by the British in the Revolutionary War, and were available for purchase by the time of the second amendment.

LINK

quote:

A Washington Post article by David Kopel notes: “Gun-control advocates often argue that gun-control laws must be more restrictive than the original meaning of the Second Amendment would allow, because modern firearms are so different from the firearms of the late 18th century. This argument is based on ignorance of the history of firearms. It is true that in 1791 the most common firearms were handguns or long guns that had to be reloaded after every shot. But it is not true that repeating arms, which can fire multiple times without reloading, were unimagined in 1791. To the contrary, repeating arms long predate the 1606 founding of the first English colony in America. As of 1791, repeating arms were available but expensive.”


It's noted that you completely ignored my very true point that guns were not the most lethal arms available at the time. The entire idea that "automatic weapons exist" is an argument, at all, is a logical fallacy at only the lowest level of intellectual discourse.

quote:

Idk if a native american raid on a school is really the same thing as a kid showing up and wasting 15 of his classmates.


"Not that school shooting! Only the new ones matter!"
Posted by imjustafatkid
Alabama
Member since Dec 2011
65764 posts
Posted on 1/24/25 at 1:35 pm to
quote:

I'm going to need some citations


Nah, you've shown a completely inability to learn. I won't be wasting my time providing you with anything.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476592 posts
Posted on 1/24/25 at 1:36 pm to
quote:

But it is not true that repeating arms, which can fire multiple times without reloading, were unimagined in 1791. To the contrary, repeating arms long predate the 1606 founding of the first English colony in America. As of 1791, repeating arms were available but expensive.”


"Repeating" is not "automatic"

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476592 posts
Posted on 1/24/25 at 1:37 pm to
quote:

Nah, you've shown a completely inability to learn. I won't be wasting my time providing you with anything.


I am SHOCKED that you're running from having to show your work.
Posted by Salviati
Member since Apr 2006
7719 posts
Posted on 1/24/25 at 1:37 pm to
quote:

The court does, however, expressly state that their view of “subject to the jurisdiction” only applies “so long as the US permits them (the parents) to reside here.”
quote:

Chinese persons, born out of the United States, remaining subjects of the emperor of China, and not having become citizens of the United States, are entitled to the protection of and owe allegiance to the United States, so long as they are permitted by the United States to reside here; and are 'subject to the jurisdiction thereof,' in the same sense as all other aliens residing in the United States.

The clause you bolded, "so long as they are permitted by the United States to reside here," modifies the clause "are entitled to the protection of, . . . , the United States." In other words, Chinese persons are entitled to the protection of, and owe allegiance to, the United States so long as they are permitted by the United States to reside here.

Your bolded clause does not modify "subject to the jurisdiction thereof." Indeed the bolded clause is separated from that clause by a semicolon. Rather, the Court states that Chinese persons are "subject to the jurisdiction thereof," in the same sense as all other aliens residing in the United States.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65764 posts
Posted on 1/24/25 at 1:45 pm to
quote:

"Repeating" is not "automatic"


Well. Here we have the dumbest argument anyone will make today. Thanks for illustrating my previous statement.

quote:

I am SHOCKED that you're running from having to show your work.


And you even doubled down on stupid. Amazing.
This post was edited on 1/24/25 at 1:47 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476592 posts
Posted on 1/24/25 at 1:46 pm to
quote:

Here we have the dumbest argument anyone will make today.


Glad to know you don't know the difference in semi-automatic and automatic.

Both are "repeating" arms, but both are not automatic.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79425 posts
Posted on 1/24/25 at 1:48 pm to
1. None of those weapons are automatic. which is why when i searched for automatic weapons they didn’t come up.

Repeating firearms are not automatic rifles and even some of the examples used in the article had firing rates of like 8 per minute.

2.Calling that a school shooting by todays parlance is semantic and dumb. I think even then 1 person got shot and the rest were killed with hand weapons.

Posted by imjustafatkid
Alabama
Member since Dec 2011
65764 posts
Posted on 1/24/25 at 1:49 pm to
quote:

Glad to know you don't know the difference in semi-automatic and automatic.

Both are "repeating" arms, but both are not automatic.




The argument is that Congress could not have considered automatic weapons when considering the second amendment. That is obviously false to the point that the argument is not even made by serious people.

ETA: Sorry everyone. I will now stop engaging with the village idiot.
This post was edited on 1/24/25 at 1:50 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476592 posts
Posted on 1/24/25 at 1:52 pm to
quote:

The argument is that Congress could not have considered automatic weapons when considering the second amendment. That is obviously false to the point that the argument is not even made by serious people.

Only because it's made by those proposing a Living Constitution argument, which is not made by serious people.

Which is why the 180 on this issue by MAGA-types is so surreal to me. Rejecting Scalia to promote a Living Constitution was not on my MAGA Hypocrisy Bingo Card for 2025.

quote:

Sorry everyone. I will now stop engaging with the village idiot.

I'm sorry I proved you wrong and you're upset now.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476592 posts
Posted on 1/24/25 at 1:52 pm to
quote:

Calling that a school shooting by todays parlance is semantic and dumb. I

Look at the source.
Posted by tigger1
Member since Mar 2005
3859 posts
Posted on 1/24/25 at 1:55 pm to
It has been ruled on by the US Supreme Court long ago.

The Born part was ruled as a newborn of an already American. These rulings date to over 100 years ago.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65764 posts
Posted on 1/24/25 at 1:57 pm to
quote:

Repeating firearms are not automatic rifles and even some of the examples used in the article had firing rates of like 8 per minute.



No matter how you parse it, they definitely considered automatic weapons when creating the second amendment.

That isn't the only way that argument fails though, as has been repeatedly ignored by you. Far more violent weapons than automatic weapons existed and were available. It's telling that you aren't even trying to argue with that point.

quote:

Calling that a school shooting by todays parlance is semantic and dumb. I think even then 1 person got shot and the rest were killed with hand weapons.


"Not that school shooting! Only today's!" It's amazing to watch people try to parse an argument when they're given clear evidence that contradicts their blind beliefs.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476592 posts
Posted on 1/24/25 at 1:59 pm to
quote:

"Not that school shooting! Only today's!" It's amazing to watch people try to parse an argument when they're given clear evidence that contradicts their blind beliefs.

You've yet to do this, no matter how many times you attempt to spike the football.

Now tell us how a semi-automatic weapon is an automatic weapon.
Posted by djsdawg
Member since Apr 2015
41727 posts
Posted on 1/24/25 at 2:02 pm to
quote:

Living Constitution-itis


Zero substance response.

Anyways, It’s okay to get rid of things once they turn rotten.
Posted by TigersnJeeps
FL Panhandle
Member since Jan 2021
2867 posts
Posted on 1/24/25 at 2:03 pm to
So, in your view, the only way the 14th can be restricted beyond those born of diplomats and children born of alien enemies in hostile occupation, is via a Constitutional amendment?

Is this a battle between strict textualists and contextualists/intentists? Apologies for the bastardization of the language there....
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476592 posts
Posted on 1/24/25 at 2:03 pm to
quote:

Zero substance response.

Not at all. You're arguing for a Living Constitution.

quote:

It’s okay to get rid of things once they turn rotten.

That's why we have amendments.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476592 posts
Posted on 1/24/25 at 2:08 pm to
quote:

in your view, the only way the 14th can be restricted beyond those born of diplomats and children born of alien enemies in hostile occupation, is via a Constitutional amendment?


Or the Supreme Court completely reversing precedent.

quote:

Is this a battle between strict textualists and contextualists/intentists?

I understand what you mean.

It's a battle between people who proclaim to like Scalia and textualism, while wanting a policy change without having the power to do so. For many, it's clear that the desire to change the policy outweighs intellectual consistency. That's why they get so upset when you point out their projection of liking Scalia is in conflict when the rubber meets the road, especially if you point out how they're making "Living Constitution" arguments.

Then you have people who are being NPCs, again due to wanting a policy change without the power to do so properly, listening to partisan law profs trying to be clever (used intentionally and derogatorily and repeating the arguments without understanding them. We saw the same thing with the silly "you have to impeach and convict prior to criminal prosecution" from the same "clever" types, just like the 2020 fraud cases (which is why I brought up John Eastman, who led that and got sever attorneys disbarred listening to him).
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79425 posts
Posted on 1/24/25 at 2:19 pm to
quote:

No matter how you parse it, they definitely considered automatic weapons when creating the second amendment.


If my argument is “they didn’t know about automatic weapons” And since we are talking to each other in 2025, that would mean what you and I understand to be automatic weapons. and I don't think you can argue they had any concept of those.

You have pointed out that at the time of the amendment they had weapons that were not automatic. They were also uncommon, not close to the firing rates of even today’s basic semiautomatic weapons.

So the point of the argument, that the framers really had no idea the amount of firepower an average person could walk around with in a jacket pocket is complete unrefuted by that article.

quote:

Not that school shooting! Only today's!" It's amazing to watch people try to parse an argument when they're given clear evidence that contradicts their blind beliefs.


it’s a semantic victory for you I guess. But again, anyone with a brain can see the difference between a band of native Americans attacking a school and columbine.

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