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Thread: Health care law held constitutional in latest appeals court ruling

  1. #81
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    Re: Health care law held constitutional in latest appeals court ruling

    Quote Originally Posted by Krhazy View Post
    You're going to have to do a little better to convince me that approval of the mandate to buy health insurance is going to effect, in any way, the legal analysis of whether or not the government can restrict the exercise of an explicit fundamental right like the right to bear arms.

    If we had a constitutional amendment saying "the right of the people to refrain from buying health insurance shall not be infringed," this case would come out completely different. But we do not.

    The fact is, the Commerce Clause is already hugely broad. It is finding the mandate unconstitutional that would drastically change just about every aspect of our government, not the other way around.
    Show me a constitutional clause that states "the right of the people to refrain from buying guns or to buy guns shall not be infringed".

    The 2nd Amendment only gauruntees your right to bear arms. It says nothing about buying/selling guns.
    Last edited by Kal'Stang; 11-11-11 at 08:20 PM.
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  2. #82
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    Re: Health care law held constitutional in latest appeals court ruling

    Quote Originally Posted by Kal'Stang View Post
    Show me a constitutional clause that states "the right of the people to refrain from buying guns shall not be infringed".

    The 2nd Amendment only gauruntees your right to bear arms. It says nothing about buying/selling guns.
    It says the right of the people to keep and bear arms shall not be infringed. If you prohibit someone from buying a gun, you are infringing their right to keep and bear arms. I think that is pretty textbook.
    (avatar by Thomas Nast)

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    Re: Health care law held constitutional in latest appeals court ruling

    Quote Originally Posted by Krhazy View Post
    It says the right of the people to keep and bear arms shall not be infringed. If you prohibit someone from buying a gun, you are infringing their right to keep and bear arms. I think that is pretty textbook.
    No you're not. You can already have a gun or you can have a gun given to you. Besides, buying a gun and owning a gun is two different things. Example, a felon is not allowed to buy guns though they can certainly own one.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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    Re: Health care law held constitutional in latest appeals court ruling

    Quote Originally Posted by Kal'Stang View Post
    No you're not. You can already have a gun or you can have a gun given to you. Besides, buying a gun and owning a gun is two different things.
    Not even literalist conservatives are that exacting.
    (avatar by Thomas Nast)

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    Re: Health care law held constitutional in latest appeals court ruling

    Quote Originally Posted by Kal'Stang View Post
    No you're not. You can already have a gun or you can have a gun given to you. Besides, buying a gun and owning a gun is two different things. Example, a felon is not allowed to buy guns though they can certainly own one.
    How are they supposed to get to that point other than already having one or getting one from a friend that already had one? What are they supposed to be like a felon and break the law to get one? That is just stupid.

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    Re: Health care law held constitutional in latest appeals court ruling

    Quote Originally Posted by Krhazy View Post
    Not even literalist conservatives are that exacting.
    Really? There are Constitutional literalists that believe that the 2nd amendment means that the only ones that have a right to bear arms are those in the militia. There are gun advocates right now that would sieze upon any chance to ban guns period. This could be an avenue for them.

    Whether you want to admit it or not the way that the Commerce clause is being treated right now will open a lot of doors for restricting rights. Especially under the guise of health concerns.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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    Re: Health care law held constitutional in latest appeals court ruling

    Quote Originally Posted by Henrin View Post
    How are they supposed to get to that point other than already having one or getting one from a friend that already had one? What are they supposed to be like a felon and break the law to get one? That is just stupid.
    Do you think it would matter to the ones that made the law or supported it? Again, buying a gun and owning a gun are two different things.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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    Re: Health care law held constitutional in latest appeals court ruling

    Quote Originally Posted by Kal'Stang View Post
    Do you think it would matter to the ones that made the law or supported it? Again, buying a gun and owning a gun are two different things.
    Sure, but It basically blocks people from getting to the freedom by blocking access to that freedom. It feels like one of those feel good laws that mean nothing. You can do this, but to get there that is illegal. We have enough of that stupid crap.

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    Re: Health care law held constitutional in latest appeals court ruling

    Quote Originally Posted by Henrin View Post
    Sure, but It basically blocks people from getting to the freedom by blocking access to that freedom. It feels like one of those feel good laws that mean nothing. You can do this, but to get there that is illegal. We have enough of that stupid crap.
    You're not blocked from getting a gun. You're just blocked from buying a gun. Again, you can already have a gun or have one given to you. You could prolly even leave the country to buy one and bring it back. You just can't buy one in the US. Remember, the law would just ban people from selling guns. It wouldn't really ban people from buying them.
    Last edited by Kal'Stang; 11-11-11 at 09:09 PM.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

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    Re: Health care law held constitutional in latest appeals court ruling

    Quote Originally Posted by Kal'Stang View Post
    You're not blocked from getting a gun. You're just blocked from buying a gun. Again, you can already have a gun or have one given to you. You could prolly even leave the country to buy one and bring it back. You just can't buy one in the US. Remember, the law would just ban people from selling guns. It wouldn't really ban people from buying them.
    How would I get a gun if I didn't want to leave the country? How would everyday people get access? If people can't buy what they want they will just get it illegally and that will just raise crime rates including murder. Not everyone can just pick up and leave the country all the time. What you're saying just isn't that reasonable.

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