heller question

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BUT, in the mean time, SCOTUS decisions ARE binding and must be considered.

Yes, up to the point Congress decides to override the Court(Article III, Section 2, Clause 2).

Additionally, even if you find some decisions to be unconstitutional or biased, etc., the cases still provide a lot of indight into the meanings of the words and interesting ways to consider them.

"Interesting"? That's putting it mildly.

Cheers!

Woody
 
Originally posted by ConstitutionCowboy
If something is considered cruel and unusual today that was not considered as such years ago doesn't mean the Constitution changed. People changed, mores, morals and public sentiment changed.

Okay, the Constitution does not change, but public values changed and that changed the effect of the Constitution.

Originally posted by ConstitutionCowboy
The Founding Fathers decided how it is to be and succinctly penned it.

So, the 8th Amendment was written to recognize changes in public values.
 
Okay, the Constitution does not change, but public values changed and that changed the effect of the Constitution.

No. Cruel and unusual punishments are still prohibited. If the change in mores, moral, and public sentiment had an effect on or changed the effect of the Constitution, the Eighth Amendment would have to be read to mean something like a prohibition on sort of cruel and maybe occasionally applied punishments.

It's no different than the First or Second Amendments. As new forms of communication and advanced firearms came along, those two amendments didn't change.

So, the 8th Amendment was written to recognize changes in public values.

It certainly allows that values might change, but doesn't point that out in its text. Given that, the wording, meaning and intent of the amendment remain steadfast.

Woody
 
Rant-Please forgive me

Interpreting the meaning of the Constitution and the intent of the Founding Fathers is not difficult. The liberals on the Supreme Court just ignore these supplemental writings.

Read the Federalist Papers. http://www.foundingfathers.info/federalistpapers/fedi.htm

As well as individual writings by the same.

Thomas Jefferson
The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.

James Madison
Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms.

They were very adept at defining what they meant, and why they did so, it only takes a little research. In addition they cover much more than just gun rights, you will be surprised at the things they warned against that are happening today.

The real difference is that today there are those who believe that the Constitution and God given rights need to change do to the ever changing world we live in, and those who believe that the Constitution and our God given rights do not need to be tampered with. Also, the rampant charge to get God out of our lives is so that all our rights or lack of them stem from our government. If only the government can grant rights then there will be no rights.

But, of course according to Lindsy Graham, as one of his constituents I am "an ignorant bigot". Therefore what I think does not matter.

As as pointed out several times by BO, I "cling to God and my guns", implying therefore I could not possibly understand the problems facing this great nation.

I say if it is not broken it does not need fixing, and I pray to God that this message is sent to Big Brother in 2010.

I truly believe that God was working through or Founding Fathers, and a return to God by our country, our God Given Rights and an unadulterated Constitution is the only way this country will survive.
 
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