View Poll Results: Are you a Literal Constitutionalist?

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  • Yes.

    51 60.71%
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    33 39.29%
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Thread: Are you a Literal Constitutionalist?

  1. #111
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by radcen View Post
    The Constitution is very vague in many areas. I almost hate to say this, because I generally favor more precise wording, but in the case of the Constitution, the vagueness is what has worked for it and why it has lasted as long as it has.

    There are areas that I wish were clarified and narrowed a bit, but overall I think some level of vagueness works well.

    ETA: The biggest problem is not the Constitution itself, but the courts. There have been many instances where the Constitution was pretty clear, and the courts chose to ignore it anyway.
    Your last sentence is clearly correct--the New Deal and gun control are both examples that prove your point

  2. #112
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by TurtleDude View Post
    Your last sentence is clearly correct--the New Deal and gun control are both examples that prove your point
    I suspect that some would agree with you when it comes to the first half of the sentence of the Second Amendment. And that shows you how this topic is not just one sided.
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  3. #113
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by haymarket View Post
    I suspect that some would agree with you when it comes to the first half of the sentence of the Second Amendment. And that shows you how this topic is not just one sided.
    I don't even look to the second amendment to note federal gun control is unconstitutional. The ninth and tenth amendments are the ones that matter when it comes to this

  4. #114
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by TurtleDude View Post
    I don't even look to the second amendment to note federal gun control is unconstitutional. The ninth and tenth amendments are the ones that matter when it comes to this
    You miss the point. There are some in our nation when the topic of guns are discussed, they strongly feel that the first half of that sentence that makes up the Second Amendment is not being taken literally.

    We too often see a literal interpretation of the Constitution as a conservative issue. I just gave you a prime example where it can also work the other way.
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  5. #115
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by TurtleDude View Post
    I don't even look to the second amendment to note federal gun control is unconstitutional. The ninth and tenth amendments are the ones that matter when it comes to this
    That's ridiculous! And you should know better. You know as well as I do how the supreme court has interpreted the tenth amendment, and how that interpretation has never wavered. The tenth amendment doesn't do that. And to suggest that the ninth amendment automatically protects gun ownership would say that there is nothing that possession of can be regulated. It would apply to guns the same as it would to Bengal tigers, heroin, and nuclear bombs. Are you really going to argue that the United States has no business regulating any of those things?
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  6. #116
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by haymarket View Post
    You miss the point. There are some in our nation when the topic of guns are discussed, they strongly feel that the first half of that sentence that makes up the Second Amendment is not being taken literally.

    We too often see a literal interpretation of the Constitution as a conservative issue. I just gave you a prime example where it can also work the other way.
    I disagree, the first half of the statement was a sufficient reason to be armed not a necessary reason and the USSC agreed with what just about every legal scholar and most of the public felt on the subject.

  7. #117
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Paschendale View Post
    That's ridiculous! And you should know better. You know as well as I do how the supreme court has interpreted the tenth amendment, and how that interpretation has never wavered. The tenth amendment doesn't do that. And to suggest that the ninth amendment automatically protects gun ownership would say that there is nothing that possession of can be regulated. It would apply to guns the same as it would to Bengal tigers, heroin, and nuclear bombs. Are you really going to argue that the United States has no business regulating any of those things?
    what is ridiculous is the way the tenth amendment has been treated based on the fraudulent rape of it by the FDR courts.

    Where was the federal government granted the power to regulate small arms or heroin? and using nukes, which INDIVIDUAL clearly has interstate consequences is idiotic

  8. #118
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Centinel View Post
    With or without the 2nd amendment, congress has no enumerated power that would authorize it to restrict or regulate ownership of guns by the citizens of the several states.
    Absolutely right, however we are starting to see the arguments posited between the Federalist/Anti-Federalist papers proving more true by the day, it was argued that concise rights must be codified into law to insure that natural rights are not encroached, the counter was that specifically enumerating powers should suffice, however we are starting to see that the arguments for centralization are all starting to mirror the warnings of Anti-Federalist writings in that politicians are only sort of honoring the things which were codified and completely ignoring the proscribed limits of federal power.
    Neither side in an argument can find the truth when both make an absolute claim on it.

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  9. #119
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by TurtleDude View Post
    I don't even look to the second amendment to note federal gun control is unconstitutional.
    Of course it's unconstitutional. Congress may only exercise its delegated powers. Congress was never delegated any power that would authorize such police powers, therefore it may not legislate in that area.

  10. #120
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by haymarket View Post
    You miss the point. There are some in our nation when the topic of guns are discussed, they strongly feel that the first half of that sentence that makes up the Second Amendment is not being taken literally.

    We too often see a literal interpretation of the Constitution as a conservative issue. I just gave you a prime example where it can also work the other way.
    The constitution does not mention my right to own a gun. Don't believe me? See if you can find the word "gun" anywhere in the constitution.

    I have a right to bear arms. I'm bearing two, one attached to each shoulder!

    (hey, we're being literal aren't we?)
    Last edited by Deuce; 12-08-11 at 06:39 PM.
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    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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