parados wrote:oralloy wrote:parados wrote:So onerus that the regulations are still constitutional within the 2nd amendment.
Nope. In the real world they violate the Second Amendment.
Oh? when did the USSC say they violated the 2nd?
In PLANNED PARENTHOOD v. CASEY (1992) 112 S.Ct. 2791 (P. 28O5)
the US Supreme Court declares that:
"...by the express provisions of the
FIRST EIGHT amendments to the Constitution"
rights were "
guaranteed to THE INDIVIDUAL ...
It is a promise of the Constitution
that there is a realm of personal liberty which the government may not enter." [emphasis added]
The 2nd Amendment is within "the first eight amendments".
The Court also adopted the Harlan dissent in POE v. ULLMAN 367 US 497 that:
"...'liberty' is not a series of isolated points...in terms of the taking of property;
the freedom of speech, press and religion; the RIGHT TO KEEP and BEAR ARMS;
the freedom from unreasonable searches and seizures....
It is a rational continuum which...includes a freedom from all arbitrary impositions ..."[emphasis added]
(Notice no reference to any state government militia.)
On the same page, the Supreme Court invokes the 9th Amendment
to curtail the powers of the states, thru the 14th Amendment.
Historically, the purpose of the 9th Amendment was to preserve,
and carry intact into perpetuity, those rights already freely enjoyed by
Americans and Englishmen as of the time of the American Revolution.
By virtue of the English Bill of Rights of 1689, the long established
right to keep and bear arms was clearly recognized and protected,
with the 9th Amendment of the US Bill of Rights perpetuating the
old English rights in America.
The Supreme Court added that:
"All fundamental rights comprised within the term liberty
are protected by the federal Constitution from invasion by the states."
PARENTHOOD (supra) In GIDEON v. WAINWRIGHT (1963) 372 US 335
the US Supreme Court held that:
"this Court has looked to the FUNDAMENTAL nature of original Bill of Rights guarantees
to decide whether the Fourteenth Amendment makes them obligatory
on the States" [emphasis added]
hence, the 2nd Amendment forbids the states from controlling guns
if the right to guns for self-defense from violence of criminals or animals is "fundamental" not trivial.
In said PARENTHOOD case, speaking of the right to reproductive autonomy,
the US Supreme Court used the following language
(in pertinent part, from perspective of the right to self-defense):
"Our law affords constitutional protection
to
PERSONAL DECISIONS. ... Our cases re-
cognize 'the right of the individual ...
to be free from unwarranted governmental
intrusion into matters ...
fundamentally
affecting a person' .... These matters
involving the most intimate and
PERSONAL
CHOICES a person may make in a lifetime,
choices central to
PERSONAL DIGNITY and
AUTONOMY, are central to the liberty pro-
tected by the 14th Amendment." (P. 28O7)
[emphasis added]
Will u deny, Mr. Parados, that THE QUESTION OF WHETHER TO PEACEFULLY SUBMIT
("better Red than dead"), to robbery or sexual violation (and/or to your own murder)
OR TO FORCEFULLY RESIST IS A "
personal decision ...fundamentally affecting a person..."
bearing upon "...
personal dignity and autonomy...." [emfasis added]
The individual citizen literally wagers his life on his choice.