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February 23rd, 2017, 11:59 AM #51Junior Member
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February 23rd, 2017, 12:25 PM #52
Re: US Appeals Court Stomps on the Constitution...Upholds MD AWB.
In US v. Miller: "In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument."
In Kolbe v. Hogan: "We conclude — contrary to the now vacated decision of our prior panel — that the banned assault weapons and large-capacity magazines are not protected by the Second Amendment."
So, 2A protects arms that can be used in the military, but it doesn't protect arms that can be used in the military.
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February 23rd, 2017, 09:05 PM #53
Re: US Appeals Court Stomps on the Constitution...Upholds MD AWB.
I agree with you with one exception. The U.S. Constitution does not create three co-equal branches of government. The U.S. Constitution lists the branches in Articles I, II, and III in order of power.
Article I vests all legislative power in the Congress -- the legislative branch is the preeminent branch. Article II vests the executive power in the president -- the executive branch is secondary in power to the legislative power. Article III provides for the judiciary -- the weakest branch of government under originalist intent.
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February 23rd, 2017, 09:10 PM #54
Re: US Appeals Court Stomps on the Constitution...Upholds MD AWB.
Article III (Article 3 - Judicial)
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Judges of the supreme and inferior courts hold their offices during good behavior. Ignoring the U.S. Constitution is not good behavior.
The judges who rendered this asinine decision should be debenched by the U.S. Congress. Period.
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February 23rd, 2017, 09:14 PM #55
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February 23rd, 2017, 09:41 PM #56
Re: US Appeals Court Stomps on the Constitution...Upholds MD AWB.
Well said!
The Bill of Rights is a recognition of inherent, inalienable, indefeasible rights which pre-date government.
News quote: "Put simply, we have no power to extend Second Amendment protections to weapons of war," Judge Robert King wrote for the court, adding that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded such coverage.
Dunce! You have no power to infringe upon the inherent, inalienable right of the people to keep and bear arms that the Second Amendment recognizes and enshrines in the U.S. Constitution. The prohibition -- as in the entire Bill of Rights -- is not on the people; it is on the government.
You state that you do not as a court have the "power to extend Second Amendment protections to weapons of war."
That is a straw man argument, for while that statement may be true, it is irrelevant because the court does not have the power to infringe (in fact the U.S. Constitution prohibits any such infringement) on the inherent right of the people to keep and bear arms in the first place.
Article III (Article 3 - Judicial)
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
The judges, both of the supreme and inferior courts, shall hold their offices during good behavior. Refusing to follow the U.S. Constitution is not good behavior.
The U.S. Congress should debench all of the judges who rendered such an asinine decision. Period.
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February 24th, 2017, 09:07 AM #57Grand Member
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Re: US Appeals Court Stomps on the Constitution...Upholds MD AWB.
In the perspective of judge king, the second amendment has no relevance being it does not protect weapons of war. Vast majority of firearms in private hands are or were weapons of war.
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February 24th, 2017, 10:21 AM #58
Re: US Appeals Court Stomps on the Constitution...Upholds MD AWB.
"A man who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself"
"He created the game, played the game, and lost the game.... All under his own terms, by his own doing." JW34
"Tolerance is the lube that helps slip the dildo of dysfunction into the ass of a civilized society." Plato
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February 24th, 2017, 12:56 PM #59
Re: US Appeals Court Stomps on the Constitution...Upholds MD AWB.
Trump overturned it---can he do that?
http://www.thetruthaboutguns.com/201...itia-purposes/"I prefer dangerous freedom over peaceful slavery." Thomas Jefferson
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February 24th, 2017, 04:24 PM #60
Re: US Appeals Court Stomps on the Constitution...Upholds MD AWB.
I have some concerns about that EO.
First, “Section 3(f) 'Militia Rifles' shall mean the firearms designated in Section 4 that are made in America and suitable for use in self-defense, community defense, defense of States and defense of the Nation." So, AK47s or SKS or HK91s or anything not made in the US aren't usable in self defense, community defense, et al?
Second, "Section 4(a) The AR-15 and similar semi-automatic rifles, to include flash suppressors and bayonet lugs, magazines of up to thirty round capacities, M-7 bayonets, and ammunition in 5.56 NATO or .223 Remington, in all quantities." Frankly, I'd rather not have the US government telling me that I can't have 40 round or 100 round magazines or .300 Blackout or .308 WIN in my AR.
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