View Poll Results: Do you think the second amendment needs amended?

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  • Yes

    15 20.00%
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    59 78.67%
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Thread: Do you think the second amendment needs amended?

  1. #861
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    Re: Do you think the second amendment needs amended?

    Quote Originally Posted by Boo Radley View Post
    Yes, there is. 200 hundred years of history since it has been written.
    the bill of rights did not apply to states...... only the federal government..its been only since after the civil war.

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    Re: Do you think the second amendment needs amended?

    Quote Originally Posted by ernst barkmann View Post
    the founders did not impose any restrictions on the people.

    why would the people institute a government to restrict them?

    the federal government was given no authority into the life's liberty and property of the people.....zero.
    Again, that is what the courts are for. And there is more to it than the bill of rights. As I said, we're both novice and as such a little bit of knowledge can led to wrong interpretations. The court, however, is made up of experts, people who know. And we have to opportunity to take cases to court for arbitration. If we make a good enough argument, and show a breech of the constitution, they act. But they are the arbitrators.

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    Re: Do you think the second amendment needs amended?

    Quote Originally Posted by ernst barkmann View Post
    the bill of rights did not apply to states...... only the federal government..its been only since after the civil war.
    Again, this has nothing to do with it. Read what I wrote above.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

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    Re: Do you think the second amendment needs amended?

    Quote Originally Posted by Boo Radley View Post
    Again, that is what the courts are for. And there is more to it than the bill of rights. As I said, we're both novice and as such a little bit of knowledge can led to wrong interpretations. The court, however, is made up of experts, people who know. And we have to opportunity to take cases to court for arbitration. If we make a good enough argument, and show a breech of the constitution, they act. But they are the arbitrators.
    experts?

    so because a man grew wheat to feed to his cattle...the court, interprets that to mean the government can regulate commence inside states?

    because wild birds fly between bodies of water in different states, this allows government to make environmental laws?


    no where is it written in the constitution for the federal government to have authority in the life's liberty and property of the people....no where is that written.

    the court is corrupt, as is the other branches.

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    Re: Do you think the second amendment needs amended?

    Quote Originally Posted by Boo Radley View Post
    Again, this has nothing to do with it. Read what I wrote above.
    there were no restrictions on the people in the Constitution, the court imposed them, and that happened after the war!

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    Re: Do you think the second amendment needs amended?

    Quote Originally Posted by ernst barkmann View Post
    the preamble an introduction tot he clauses of the bill of rights, stating what kinds of clause they are....and they are declaratory and restriction ont he federal government..

    they bestow no power to the federal government at all.
    The preamble to the Bill of Rights is NOT part of the Constitution.
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    Re: Do you think the second amendment needs amended?

    Quote Originally Posted by Boo Radley View Post
    Only if you assume they never change, never react to new information, never grow. That's the only way you can fix them to such a position. But, our system was set up so that the courts ruled on what was and what wasn't constitutional. That's the system.
    so are you arguing what FDR did was proper or are you arguing he should have sought a constitutional amendment



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    Re: Do you think the second amendment needs amended?

    Quote Originally Posted by ernst barkmann View Post
    experts?

    so because a man grew wheat to feed to his cattle...the court, interprets that to mean the government can regulate commence inside states?

    because wild birds fly between bodies of water in different states, this allows government to make environmental laws?


    no where is it written in the constitution for the federal government to have authority in the life's liberty and property of the people....no where is that written.

    the court is corrupt, as is the other branches.
    the Wickard majority were nothing more than FDR Fluffers. To ascribe some sort of wisdom to them is a gross injustice. They all should have been impeached-or worse



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    Re: Do you think the second amendment needs amended?

    Quote Originally Posted by mdw99 View Post
    I am from Scotland and doing a modern studies assignment at school on the second amendment of the US constitution and would like to gather views from US citizens.
    Could you tell me if you think the second amendment needs to be changed or not and give reasons why.
    Many thanks
    Yes it should be amended to: "Congress shall make no laws that prohibits or interferes with the ability of the people of these united states from the possession, sale, transfer, or carrying of weapons of any kind. Arms control is an exclusive power of each of the states in this union, and the government of the united states has no authority whatsoever in this area."

  10. #870
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    Re: Do you think the second amendment needs amended?

    Quote Originally Posted by haymarket View Post
    Quote Originally Posted by Willie Orwontee View Post
    So the castle in the sky that you have erected, in complete and irreconcilable opposition to foundational principle is what you are going to run with?
    Sorry - I have no idea what that means.
    Well, isn't that convenient? It just means that your position is maintained while you close your eyes to the constitutional principles that foreclose it . . . Specifically the foundational principles of conferred powers and retained rights.


    Quote Originally Posted by haymarket View Post
    Quote Originally Posted by Willie Orwontee View Post
    Please explain how the fragment "A well regulated Militia being necessary to the security of a free State," can be read to demand any action or circumstance be initiated or maintained.
    . . . . . . . . . .
    Of course you ignore the question that is impossible for you to answer.


    Quote Originally Posted by haymarket View Post
    Quote Originally Posted by Willie Orwontee View Post
    Please cite and quote any opinion / statement by SCOTUS that holds that the declaratory clause of the 2nd Amendment has any legal weight or offers any guidance on anything.
    What declaratory clause? Its one sentence for heavens sake. Is this part of the Scalia PREFATORY/OPERANT scam that we saw him employ so horrible and inaccurately in Heller?
    "Your" side is always reminding everyone that the 2nd Amendment is the only one with two clauses and Congress provided the precise terminology to employ when discussing the 2nd Amendment's two clauses -- "declaratory and restrictive clauses". Those are the descriptors I limit my characterizations to. I do not particularly like the legally ambiguous "prefatory" and "operative" terms.

    To your second question, do you really believe that Scalia coined the prefatory / operative clause description?
    DC appealed the DC Circuit's opinion in Parker v. District of Columbia 478 F. 3d 370, (2007) . . . SCOTUS in Heller affirmed Parker and affirmed the terminology, descriptions and concepts set-out in Parker v DC:


    .
    "The provision's second comma divides the Amendment into two clauses; the first is prefatory, and the second operative. Appellants' argument is focused on their reading of the Second Amendment's operative clause. According to appellants, the Amendment's language flat out guarantees an individual right "to keep and bear Arms." Appellants concede that the prefatory clause expresses a civic purpose, but argue that this purpose, while it may inform the meaning of an ambiguous term like "Arms," does not qualify the right guaranteed by the operative portion of the Amendment."



    So really, you can just stop with that BS now . . .

    Quote Originally Posted by haymarket View Post
    Quote Originally Posted by Willie Orwontee View Post
    Please explain why you defend all manner of gun control placed on private citizens who have no militia enrollment status, by citing Congressional powers to regulate the militia but
    a), SCOTUS has said that those powers only flow from Art. I, 8 and
    b), not one gun control law that operates on private citizens and their personal arms is written under militia powers / authority . . .
    Your blatantly false premise renders all that comes after it irrelevant. I DO NOT defend all manner of gun control. In fact, I am on record as saying the DC gun ban went to far and set an environment where the right could not be exercised.
    That you defend any gun control law by citing the 2nd Amendment's declaratory, "militia" clause is the death-knell for your argument. It really doesn't matter if you can claim that you believe -some- laws to be unconstitutional, that you feel -any- are constitutional, by way of Congress' power to regulate the militia, is irreconcilably anti-constitutional and render any ancillary opinion invalid.


    .
    I already have a license to own a gun; it's called a birth certificate.

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