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Hmmmm, shall not be infringed?


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#1 TomKoz

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Posted Yesterday, 08:15 PM

I was just wondering, has a case ever been brought before the US Supreme Court on grounds of "shall not be infringed"?  I know "technically" the SC doesn't / isn't supposed to "interpret" the law, but how can a local government prevent someone from carrying a firearm on a bus/train or in a park without "infringing" on our right to keep and bear arms???

The SC seems to have defined "keep", the seemed to have defined "bear".  Have they ever defined "shall not be infringed"?  If not, why not?
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#2 BobPistol

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Posted Yesterday, 08:21 PM

All the rights listed in the bill of rights "shall not be infringed" - some rights are more "right" than others :)
The Second Amendment of the Constitution protects the rest.

#3 Yas

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Posted Yesterday, 08:28 PM

Ammunition for the next Heller, McDonald, Shepard, Growder, or  Queen lawsuit.

#4 TyGuy

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Posted Yesterday, 08:42 PM

We are so far down the road of infringing on all of our rights, except maybe the 3rd amendment, that that battle done with.
Meh

#5 TomKoz

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Posted Yesterday, 08:49 PM

As far as I'm concerned, that battle is NOT done with.  I will always fight the good fight.  The battle is only over when one side is no longer willing/able to fight.
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#6 Trevis

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Posted Yesterday, 08:51 PM

View PostTyGuy, on 23 May 2013 - 08:42 PM, said:

We are so far down the road of infringing on all of our rights, except maybe the 3rd amendment, that that battle done with.

Ever heard of the DHS? What are they but a standing army that we quarter with our tax dollars.

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#7 TyGuy

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Posted Yesterday, 08:59 PM

We don't quarter them in our homes, but yes I get your point.  I am kinda passed liking any law at this point.  Every law is punishable by death if you think about it logically.
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#8 TyGuy

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Posted Yesterday, 09:05 PM

WTH I can't copy and paste, and my return key isn't working in the editor
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#9 TyGuy

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Posted Yesterday, 09:07 PM

The State (not Illinois, the general government):  Don’t speed.
Man: Why not?
The State (TS): Cause you’ll get a fine.
Man (M): What if I don’t pay the fine?
TS: You’ll get a bigger fine.
M: What if I don’t pay that fine?
TS: We’ll take you to jail.
M:  What if I refuse to go with you?
TS:  We’ll use force.

M:  What if I respond with force?
TS:  We’ll kill you.

Kinda harsh for a speeding ticket eh?
Meh

#10 TyGuy

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Posted Yesterday, 09:08 PM

I'm not saying don't follow the law, just realize that you follow the law out of fear.
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#11 TomKoz

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Posted Yesterday, 09:13 PM

View PostTyGuy, on 23 May 2013 - 09:08 PM, said:

I'm not saying don't follow the law, just realize that you follow the law out of fear.

Progressive/Liberal (not Libertarian) Policies / Programs soooo good - they are mandated!
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#12 TyGuy

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Posted Yesterday, 09:14 PM

I blame both sides of the statist coin.
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#13 TyGuy

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Posted Yesterday, 09:15 PM

Posted Image
Meh

#14 Federal Farmer

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Posted Yesterday, 10:57 PM

Not with respect to 2A, but SCOTUS has essentially ruled that no right is absolute, regardless of what the BOR says.  This was mentioned in Heller by the majority, so it seems highly unlikely they will overturn that.

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#15 Trevis

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Posted Yesterday, 11:10 PM

View PostFederal Farmer, on 23 May 2013 - 10:57 PM, said:

Not with respect to 2A, but SCOTUS has essentially ruled that no right is absolute, regardless of what the BOR says.  This was mentioned in Heller by the majority, so it seems highly unlikely they will overturn that.

I have a serious problem with that. Rights are absolute, it's the consequences of those rights which get sticky. I find it disturbing that it can be said that no right is absolute. That is the slickest slope I have ever heard of. Basically, anyone is expendable if it's expedient. Your right to life isn't absolute... wtf.

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Edited by Trevis, Yesterday, 11:11 PM.


#16 TyGuy

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Posted Yesterday, 11:15 PM

View PostTrevis, on 23 May 2013 - 11:10 PM, said:

View PostFederal Farmer, on 23 May 2013 - 10:57 PM, said:

Not with respect to 2A, but SCOTUS has essentially ruled that no right is absolute, regardless of what the BOR says.  This was mentioned in Heller by the majority, so it seems highly unlikely they will overturn that.

I have a serious problem with that. Rights are absolute, it's the consequences of those rights which get sticky. I find it disturbing that it can be said that no right is absolute. That is the slickest slope I have ever heard of. Basically, anyone is expendable if it's expedient. Your right to life isn't absolute... wtf.

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Absolutely
Meh

#17 BobPistol

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Posted Today, 06:46 AM

View PostFederal Farmer, on 23 May 2013 - 10:57 PM, said:

Not with respect to 2A, but SCOTUS has essentially ruled that no right is absolute, regardless of what the BOR says.  This was mentioned in Heller by the majority, so it seems highly unlikely they will overturn that.

And this includes the right to life, which does not even exist thanks to Roe, and Schiavo.
The Second Amendment of the Constitution protects the rest.

#18 w00dc4ip

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Posted Today, 12:44 PM

No right is absolute, your rights end where someone else's begin.  Drawing that ever-moving line is where this gets difficult.

The logical argument we (2A supporters) always make is that we have a right to life, and therefore self-defense (to protect the right to life), and therefore a right to keep and bear arms (to provide the necessary tools to support the right to self-defense).

If I have a right to life, then I have a right to food (as food is necessary to sustain life), and therefore a right to the land necessary to grow food.  But, what if someone else already owns the land, do I still have a right to it?  Does my right to life supersceded someone else's property rights?

To take it to the abortion debate (sine Bob already went there) does an unborn child's right to life superscede a woman's right to life (and therefore her right to make medical decisions regarding her body?)

Not taking a position here and definitely don't want to start an abortion debate.  I'm just pointing out the obvious nature of the statement that "No rights are absolute".  It is as obvious of a statement as saying that an individual is primarily responsible for their own self-defense.
When my country, into which I had just set my foot, was set on fire about my ears, it was time to stir. It was time for every man to stir. - Thomas Paine

Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. - Benjamin Franklin

Doesn't matter what the press says. Doesn't matter what the politicians or the mobs say. Doesn't matter if the whole country decides that something wrong is something right. This nation was founded on one principle above all else: the requirement that we stand up for what we believe, no matter the odds or the consequences. When the mob and the press and the whole world tell you to move, your job is to plant yourself like a tree beside the river of truth, and tell the whole world - "No, you move." - Captain America

#19 Trevis

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Posted Today, 12:54 PM

View Postw00dc4ip, on 24 May 2013 - 12:44 PM, said:

No right is absolute, your rights end where someone else's begin.  Drawing that ever-moving line is where this gets difficult.

The logical argument we (2A supporters) always make is that we have a right to life, and therefore self-defense (to protect the right to life), and therefore a right to keep and bear arms (to provide the necessary tools to support the right to self-defense).

If I have a right to life, then I have a right to food (as food is necessary to sustain life), and therefore a right to the land necessary to grow food.  But, what if someone else already owns the land, do I still have a right to it?  Does my right to life supersceded someone else's property rights?

To take it to the abortion debate (sine Bob already went there) does an unborn child's right to life superscede a woman's right to life (and therefore her right to make medical decisions regarding her body?)

Not taking a position here and definitely don't want to start an abortion debate.  I'm just pointing out the obvious nature of the statement that "No rights are absolute".  It is as obvious of a statement as saying that an individual is primarily responsible for their own self-defense.

I think I need to clarify, as you misunderstand. You have the right to life, as in you can have your life as long as you wish to keep it. That implies responsibility on your part. Food is part of your responsibility to your own life. You don't want to make the effort, your choice. You're not guaranteed anything but yourself.

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Edited by Trevis, Today, 12:54 PM.


#20 BobPistol

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Posted Today, 12:56 PM

View Postw00dc4ip, on 24 May 2013 - 12:44 PM, said:

To take it to the abortion debate (sine Bob already went there) does an unborn child's right to life superscede a woman's right to life (and therefore her right to make medical decisions regarding her body?)

This is not about what she does with her body.  This is about what she does with someone else's body, namely the baby's.  Shall we live in a society where nobody gets any human rights unless they get permission from one person?  
Human rights are for all, not for the chosen.
The Second Amendment of the Constitution protects the rest.

#21 jester121

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Posted Today, 12:59 PM

View PostTomKoz, on 23 May 2013 - 08:49 PM, said:

The battle is only over when one side is no longer willing/able to fight.

No, it can also be over if he's the only person who shows up to a fight and everyone else ignores him -- that makes him a nut standing out in a field jousting at windmills.

#22 Uncle Harley

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Posted Today, 01:03 PM

View PostBobPistol, on 24 May 2013 - 12:56 PM, said:

View Postw00dc4ip, on 24 May 2013 - 12:44 PM, said:

To take it to the abortion debate (sine Bob already went there) does an unborn child's right to life superscede a woman's right to life (and therefore her right to make medical decisions regarding her body?)

This is not about what she does with her body.  This is about what she does with someone else's body, namely the baby's.  Shall we live in a society where nobody gets any human rights unless they get permission from one person?  
Human rights are for all, not for the chosen.


The unborn baby has a moral right to life, but unfortunatly  not a constutitional one, last I checked our constution guarentees rights to citizens of our country and to be a citizen you  have to be naturally born here, or pettition to become a citizen and go through the proper channels and neither of which can be done from the womb.

#23 TyGuy

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Posted Today, 01:13 PM

If it is truly a choice between one and the other then I consider the same as I do triage, save one if you can't save both.  Short of that I consider the baby a human with human rights including, but not limited to, the right to life.
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#24 Federal Farmer

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Posted Today, 01:53 PM

Take abortion debates to the back room.

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People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.
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