View Poll Results: Are restrictions on the purchase/sale of firearms constitutional?

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Thread: 2nd amendment rights.

  1. #341
    Banned Goobieman's Avatar
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    Re: 2nd amendment rights.

    Quote Originally Posted by haymarket View Post
    What in the hell do you think the SC was doing in case after case that came before it in the years before Marbury vs. Madison?
    Becausse it settles the point, I shall repeat myself:
    If the Supreme, or any other, Court already had the power to interpret the Constituiton, Marbury would not have been necessary.
    /discussion

  2. #342
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    Re: 2nd amendment rights.

    Quote Originally Posted by ReverendHellh0und View Post
    Anything on the actual topic haymarket or is it simple baiting and trolling here?
    No kidding. Remember all those threads where he dodged answering points by saying it wasn't the topic of the thread?

    Who knew it could have been bull****?

    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  3. #343
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    Re: 2nd amendment rights.

    Quote Originally Posted by Goobieman View Post
    Becausse it settles the point, I shall repeat myself:
    If the Supreme, or any other, Court already had the power to interpret the Constituiton, Marbury would not have been necessary.
    /discussion
    You cannot even spell the word "because" but yet you appoint yourself judge and jury and pronounce a verdict. Amazing.

    This is one of the most nonsensical discussions I have ever been involved in in the last fifty years. The Supreme Court has the built in judicial power to interpret both the Constitution and laws passed by Congress. That power was with them from day one of their existence. Got that?

    Judicial review was a power they claimed for themselves in 1803, years after they had heard hundreds of cases.

    These are two different things.

    Of course to admit this would be to admit error and what would the rest of the gang say to that?
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  4. #344
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    Re: 2nd amendment rights.

    Quote Originally Posted by Harshaw View Post
    No kidding. Remember all those threads where he dodged answering points by saying it wasn't the topic of the thread?

    Who knew it could have been bull****?

    I did not start this topic. I merely offered correct information on a matter being discussed in it.
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    There are two novels that can change a bookish fourteen-year old's life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs.... John Rogers

  5. #345
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    Re: 2nd amendment rights.

    Quote Originally Posted by haymarket View Post
    The power to interpret the Constitution and laws passed by legislative bodies is inherent in the very establishment of courts in this nation. we only have three branches of government and neither of the other two claims that power
    That is simply wrong. Congress frequently claims the power to do so when it justifies its authority to do things. Significant example: the commerce clause.

    Presidents claim that power when they veto bills because they believe them to be unconstitutional. This, too, has been a frequent occurrence.



    The power of Judicial Review- as already cited and explained - is a different power altogether. With its assertion, the SC claimed the power to rule acts of Congress and lower courts as unconstitutional or invalid. It is a completely and totally different thing than interpreting the laws to tell us their meaning.
    No one was discussing interpreting "laws." It was about the Constitution. I'm going to have to ask you to stay on the topic of your own off-topic threadjack.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  6. #346
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    Re: 2nd amendment rights.

    Quote Originally Posted by haymarket View Post
    I did not start this topic. I merely offered correct information on a matter being discussed in it.
    You didn't start any of the others, either, yet you dodged.

    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  7. #347
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    Re: 2nd amendment rights.

    Quote Originally Posted by haymarket View Post
    This is one of the most nonsensical discussions I have ever been involved in in the last fifty years.
    Leave or stay as you see fit.

  8. #348
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    Re: 2nd amendment rights.

    from Harshaw

    Congress frequently claims the power to do so when it justifies its authority to do things. Significant example: the commerce clause.
    NO. Congress is not claiming the power to interpret either the Constitution of laws passed by Congress. They are simply exercising their other powers contained in Article I as best they understand them. The authority to interpret them resides in the Supreme Court. You are grossly misusing the term interpret to mean "doing what they think they can do" and it is not at all the same thing.



    Presidents claim that power when they veto bills because they believe them to be unconstitutional. This, too, has been a frequent occurrence.
    Presidents can claim anything they want to claim as a reason to do things. That is irrelevant and immaterial. They are merely exercising their powers listed in Article Ii and interpreting the law is not one of them. Again, you are grossly misusing the word 'interpreting the law' when you mean 'objecting to a law of Congress'.
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  9. #349
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    Re: 2nd amendment rights.

    Quote Originally Posted by haymarket View Post
    The Supreme Court has the built in judicial power to interpret both the Constitution and laws passed by Congress. That power was with them from day one of their existence. Got that?
    Oh? In which cases, and how, did they "interpret" the Constitution prior to Marbury v. Madison?

    Judicial review was a power they claimed for themselves in 1803, years after they had heard hundreds of cases.
    The Supreme Court heard -- wait for it -- 12 cases prior to Marbury.


    Of course to admit this would be to admit error and what would the rest of the gang say to that?
    Are you prepared to admit your own?
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  10. #350
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    Re: 2nd amendment rights.

    Quote Originally Posted by haymarket View Post
    This is one of the most nonsensical discussions I have ever been involved in in the last fifty years.
    Given your obvious lack of knowledge regarding the issue, I find that hard to believe,

    The Supreme Court has the built in judicial power to interpret both the Constitution and laws passed by Congress. That power was with them from day one of their existence. Got that?
    Absolutely false. This did not occour until Marbury.
    Disagree? Cite the text of the constituiton that specifically gives the court the power to interpret -anything- with regards to the Constitution.
    The explain how/why, if the court had this power, Marbury was necessary,

    Judicial review was a power they claimed for themselves in 1803...
    Which is what gives them the power to interpret both the Constitution and laws passed by Congress.

    Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) is a landmark case in United States law. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.

    This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the documents, but the court, with John Marshall as Chief Justice, denied Marbury's petition, holding that the part of the statute upon which he based his claim, the Judiciary Act of 1789, was unconstitutional.

    Marbury v. Madison was the first time the Supreme Court declared something "unconstitutional", and established the concept of judicial review in the U.S. (the idea that courts may oversee and nullify the actions of another branch of government). The landmark decision helped define the "checks and balances" of the American form of government.
    Did you got to school in America? -I- learned this stuff in 8th grade.
    Last edited by Goobieman; 11-17-10 at 04:26 PM.

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