Second Amendment Explained

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the second amendment is not about arming the militia.

Remember, it's "the right of the people to keep and bear arms shall not be infringed." Not the militia.
YES!!!
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The intent [of 2A] was not to arm a well-regulated militia but to maintain the right of the people to bear arms and that right shall not be infringed.
 
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+1. And justices living longer goes both ways if conservative justices are appointed. ;)

And don't forget, the US Constitution can always be amended for the SCOTUS justices to more "clearly" interpret. :D
yes but liberals dominate at least 80% of appointments being they could never get their agenda thru voting in congress in the states and federal so they legislate from the bench. a "conservative" judge gave us obamacare and it is rare the SC does not vote to expand / justify state and federal power and hack away at liberty
 
Regarding President Trump we might have to explain how our government works. In the House you need a simple majority in the Senate you need sixty votes to pass legislation. And since our new president only has 52 Republican Senators that means he will have to comprise to get the Democrats in order to get legislation through. When President Obama was elected he had 60 votes in the Senate.

That is a big difference. No one is lying, no one is reneging on his promises, its just how our system works. Any legislation that eases restrictions on guns will never pass muster with the Democrats.
 
yes but liberals dominate at least 80% of appointments being they could never get their agenda thru voting in congress in the states and federal so they legislate from the bench.
Just as liberal left got liberal judges appointed, the conservative right can get conservative judges appointed using the same process.

It's time to reverse the tide.
 
In the House you need a simple majority ... in the Senate you need sixty votes to pass legislation ... has 52 Republican Senators

Any legislation that eases restrictions on guns will never pass muster with the Democrats.
Conservative and some independent/Democrat voters surprised the Washington RNC/DNC "elite" establishment and spoke their minds with their votes and sent them a clear message with Trump - Change to represent the people or you will be voted out.

Just like election surprise of 2016, we may get surprise of 2018 with 60+ seats in the Senate.

Who here really thought Trump had a chance of winning the election?

And how did he win?

Precisely ... the "unhappy and angry with establishment" voters wanting change. If establishment do not cater to their needs/wants by 2018, they will again vote their unhappy and angry hearts again.
 
Not bad, but the professor made a rather serious mistake at the end in suggesting that the Constitution provides a mechanism by which the right to keep and bear arms may be done away with.

First, the Second Amendment does not grant the people the right to keep and bear arms. The Second Amendment forbids the infringement of that right by the government, something it is in violation of as I write. Second, the right to keep and bear arms is a natural and unalienable right. It is not granted to the people by government. It is a natural, or divine, right. There is no mechanism by which such a right, like the freedom of religion or the freedom of expression, may be taken away by one's fellows. It is what the Left might call a Human Right. So, even if there were a Constitutional Amendment that attempted to take away this right, it would be a human rights violation and resistance would be not only justified but required.

http://unalienable.com/
 
I did because I stopped watching television news and started watching the internet news. They showed you how big his audiences were.

And yes we can say that in 2018 we have a good chance to get 60 Republicans in the Senate but as of right now, 2017 President Trump still has an uphill battle.
 
Some good things have been brought up here.....and really people in general have no clue how our system works.

The think with the D's is that they know they do not have support of the majority of American people....this is why they work via judges. It is also why now you hear the term "judge shopping" they know the judges that will side with them so this is what they do.

This is also why they want to strike while the iron is hot....in the passion of the moment it is more easy to get the "people" to go along with their ideas.....this is also why you hear so much talk about gun control right after an event. If they tried to float the same ideas they would sink quick.

You also have willing support for their ideas in the media. Just this morning on the snews they said Trump reversed an Obummer decision and are going to let the mentally ill have guns.....on the news....ABC. Now we all know that is not quite correct....but how many swallow that hook line and sinker.

This is why we have to be on our toes......We need to focus more.....the left has an ability to keep in the fight longer then the right. They keep hammering away and it just keeps going....slowly they will take away all our freedoms one little stone at a time.....this is why we need to stop them at every chance.
 
Good old ABC news, spewing fake news where ever they go. That's why the Democrats have so much power, they can say anything they want, make any claim they want and then hide behind their huge media complex that they know will never challenge them or hold them to account.
 
Just as liberal left got liberal judges appointed, the conservative right can get conservative judges appointed using the same process.

It's time to reverse the tide.
but a "conservative" judge gave us obamacare. scalia was the only rock hard one and he is gone. a so called "conservative" judge in seattle stopped trumps travel ban 4 seconds after it was implemented
 
Good old ABC news, spewing fake news where ever they go. That's why the Democrats have so much power, they can say anything they want, make any claim they want and then hide behind their huge media complex that they know will never challenge them or hold them to account.

You are correct.....and this is why we need to challenge them.....for the first time we have an R in the white house....and I call him an R in name only as R's are partly to blame for the mess we are in.....and he is going to call them on it.

The people are seeing the truth behind the "media" and trump is calling them out on it. We need to stay on them.....talk to these people (D's supporters) and say....no that is not quite correct....here is the real deal....and here is the actual bit of the executive order that says what was just signed.

Like our little forum here.....you need to take the high road with these people.....they have really been brain washed by a lifetime of public schools, college, and media telling them just how horrid every R idea is.....and when you look at where the D's have had a free hand Detroit, Chicago the place is just falling apart....chicago has like 7 murders a day....A DAY.....it is insane.....and who are the people getting killed....poor, black.....I tell you what you have had this city for 30 years....do you like where it is.....if not....lets 180 this thing and try something different.

Eh I think we are getting political....and think we might get in trouble....but it is what it is. The people that support gun control are not stupid.....they are just not informed....or misinformed would be better to say.
 
Cannibal - you have it exactly correct. A shame more people do not see this.

Comma's separate INDEPENDENT CLAUSES.

It is really that simple.

Thanks
 
Keep in mind President Trump has not spent his life as a Parasitic Politician. He has made Billions employees 20,000 and paid for his own campaign. He does not take his salary as President. He is a lion out of the Gage and owes no one.
The media did not elect them. He can pursue Pro-Gun positions without bowing down to powerful editors and TV Communications.
 
Fellas... and gals,

Reminder, political post like this one below ,and some of the others, are going to get this otherwise good thread shut down.



Keep in mind President Trump has not spent his life as a Parasitic Politician. He has made Billions employees 20,000 and paid for his own campaign. He does not take his salary as President. He is a lion out of the Gage and owes no one.
The media did not elect them. He can pursue Pro-Gun positions without bowing down to powerful editors and TV Communications.
 
How are those more political than Post Numbers 34,35.36? Please explain so we do not stop the thread?
You are correct.....and this is why we need to challenge them.....for the first time we have an R in the white house....and I call him an R in name only as R's are partly to blame for the mess we are in.....and he is going to call them on it.

The people are seeing the truth behind the "media" and trump is calling them out on it. We need to stay on them.....talk to these people (D's supporters) and say....no that is not quite correct....here is the real deal....and here is the actual bit of the executive order that says what was just signed.

Like our little forum here.....you need to take the high road with these people.....they have really been brain washed by a lifetime of public schools, college, and media telling them just how horrid every R idea is.....and when you look at where the D's have had a free hand Detroit, Chicago the place is just falling apart....chicago has like 7 murders a day....A DAY.....it is insane.....and who are the people getting killed....poor, black.....I tell you what you have had this city for 30 years....do you like where it is.....if not....lets 180 this thing and try something different.

Eh I think we are getting political....and think we might get in trouble....but it is what it is. The people that support gun control are not stupid.....they are just not informed....or misinformed would be better to say.
 
They are all pushing the envelope. Don't push the envelope off the table.
We know the rules, we're all grown men with some semblance of intelligence.( aren't we?)
 
Guys....slow down.. :eek:..An Executive order signed by a President applies only , and I mean ONLY, to the Federal government and its employees. He CANNOT sign an order overruling a state law. He cannot strike down ANY law with an XO. If he could he would be a dictator.

What he CAN do is strike down a previously issued XO. Trump has the power to cancel All previous XOs if he chooses. XOs are subject to judicial review.
 
How are those more political than Post Numbers 34,35.36? Please explain so we do not stop the thread?

My comment was addressed to "Fellas... and gals". I used yours as an example.

I even said "political post like this one below ,and some of the others" .
 
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Prager U is a very good libertarian YouTube channel -- good viewing for liberty-minded folks if you have the time.
 
To paraphrase the old adage: one is entitled to his own opinion as to the meaning of the Second Amendment; one is not, however, entitled to his own facts of law.

The courts alone have the authority to ‘explain’ the Second Amendment – ultimately the Supreme Court, both with regard to its meaning and the intent of the Framing Generation, not law professors or message board posters.

Consequently, firearm regulatory measures in states such as California, New York, and Maryland are perfectly Constitutional and consistent with the original intent and understanding of those who lived during the Foundation Era – until the Supreme Court rules otherwise.
Really? Let's see what the Supreme Court has said on the subject:


“Before addressing the verbs “keep” and “bear,” we interpret their object: “Arms.” The 18th-century meaning is no different from the meaning today. The 1773 edition of Samuel Johnson’s dictionary defined “arms” as “weapons of offence, or armour of defence.”

“Although one founding-era thesaurus limited “arms” (as opposed to “weapons”) to “instruments of offence generally made use of in war,” even that source stated that all firearms constituted “arms.”

“Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications,…and the Fourth Amendment applies to modern forms of search, …the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding. DC v Heller, pages 7-8



Given all that, kindly explain just how an AR15 does not fall within the definition of "arms".
 
To paraphrase the old adage: one is entitled to his own opinion as to the meaning of the Second Amendment; one is not, however, entitled to his own facts of law.

The courts alone have the authority to ‘explain’ the Second Amendment – ultimately the Supreme Court, both with regard to its meaning and the intent of the Framing Generation, not law professors or message board posters.

Consequently, firearm regulatory measures in states such as California, New York, and Maryland are perfectly Constitutional and consistent with the original intent and understanding of those who lived during the Foundation Era – until the Supreme Court rules otherwise.

Really? Let's see what the Supreme Court has said on the subject:

“Before addressing the verbs “keep” and “bear,” we interpret their object: “Arms.” The 18th-century meaning is no different from the meaning today. The 1773 edition of Samuel Johnson’s dictionary defined “arms” as “weapons of offence, or armour of defence.”

“Although one founding-era thesaurus limited “arms” (as opposed to “weapons”) to “instruments of offence generally made use of in war,” even that source stated that all firearms constituted “arms.”

“Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications,…and the Fourth Amendment applies to modern forms of search, …the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.

DC v Heller, pages 7-8


Given all that, kindly explain just how an AR15 does not fall within the definition of "arms".
 
To paraphrase the old adage: one is entitled to his own opinion as to the meaning of the Second Amendment; one is not, however, entitled to his own facts of law.

The courts alone have the authority to ‘explain’ the Second Amendment – ultimately the Supreme Court, both with regard to its meaning and the intent of the Framing Generation, not law professors or message board posters.

Consequently, firearm regulatory measures in states such as California, New York, and Maryland are perfectly Constitutional and consistent with the original intent and understanding of those who lived during the Foundation Era – until the Supreme Court rules otherwise.


You say that fairly often but thats not very accurate. They are only presumed to be constitutional.

It works both ways. SCOTUS is the final determination as to whether it's constitutional or not.

They are the law until SCOTUS says they are not constitutional.
 
(though to be fair, We the People do carry some measure of weight when it comes to deciding what is constitutional or not, or even whether we want to make something constitutional or not --a lot of times that fact is lost in this discussion since the mechanism by which we make our will known is more convoluted than a simple proclamation)
 
Sure... and everything is relative and can be rationalize, too

But that doesnt change the fact that the vast majority of a state and local government that are making those laws have little to no training in constitutional law. They also have zero authority to determine something being constitutional or not.

That is left to a different branch of govt.


To make that statement would be like saying my kid is a perfect straight A student before his work is evaluated by the teachers that have training and the authority to issue a grade.
 
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