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Fight the U.N. Gun Ban

 
 
OmSigDAVID
 
  0  
Sun 20 Apr, 2008 01:11 pm
Advocate wrote:
Dave, it is pretty far fetched that, because the feds took temporary leadership
of some state militias, this proved that the very wording of 2A is meaningless.
You are essentially asking me to prove a negative, which is undoable.

That is NOT what I assert; I do not affirm that the wording of 2A is "MEANINGLESS".
On the contrary, I claim that the impartial professional grammarians
(whose analyses u have not even TRIED to disprove)
have been ACCURATE, and that your interpretation of the purpose
is screwy, whacky, and zany, with no historical basis.

My point is that the Author 's intentions were very simply to prevent
any government in the geographical USA from having jurisdiction
to interfere with any citizen :
1 ) in his choice of personal defensive firepower
or
2 ) to interfere with any citizens in their choice to organize themselves,
together with their friends into units of militia.

The Authors were FREEDOM LOVERS, like me who 'd the NRA leadership in comtempt
for being a sell-out, compromize organization; Quislings
instead of resolutely fighting for freedom from government interference.



My point is that absolutely NO ONE in America really believed
your concept that 2A
was enacted to immunize the state governments from having their militia
ripped away from them. The purpose of keeping them
( in addition to a few other possibilities, like flood control, etc. )
was to enable the states to overthrow the US Government,
as the Authors of 2A had just finished doing, with another government,
and as thay ACTUALLY DID or unsuccessfully tried to do, in 1861.

Some of the state governments (including my own in NY) were very leery
of the danger of the US Government and made reservations against it
in their very instruments of ratification of the US Consitution.

My point is that if, AS U CLAIM, the purpose of 2A was to protect the governments
of the states, from having their militia ripped away from them by Uncle Sam,
then when Ike and the Kennedys ACTUALLY PERPETRATED the feared deed,
then the victims thereof ( Oval Faubus & George Wallace and their respective
attorneys general and all Dixiecratic Senators ), logically shud have yelled
out almost REFLEXIVEly: "Hay, Ike: u can 't do that !!!
That 's what we have 2A for !!!
2A says u can 't DO that ! "

However much passion possessed them thru out the South to preserve
racial segregation, and in odium of Brown v. Bd of Ed., NOT EVEN ONE OF THEM,
in their desperation
, thought of your far fetched concept that 2A was
to protect state governments' possession of their militia from federal intervention.

After Ike did that in 1957, without the KKK or any Dixiecratic Senator
ever even suggesting the possiblity that your argument is correct,
5 years went by during which every segregationist in the entire South
had those 5 years to ponder what had happenend to them in terms of
a state government's militia having been ripped away, before the
Kennedys DID IT AGAIN, with NO OBJECTION from the victims
that 2A existed to protect them from this, as u claim to be the reason
for the existence of 2A. NO ONE even MENTIONED the possibility,
not even FLEETINGLY. This shows that no one in America actually believed
your concept of the reason for the existence of 2A.






Quote:

Burger's views were correct, and represented the views of the vast majority of courts
throughout the country. Up to very recently, no court has backed your view of 2A,

That is a foolish thing to say, and unsupported by factual truth.
The Standard Model of 2A prevalent among almost 100% of the legal inteligentsia, including liberals,
is that 2A protects the rights of individual citizens to KABA,
the same as their right to vote and to speak & to worship freely,
as the USSC says in VERDUGO.




Quote:
and we still don't know what the SC will decide in the instant case.

We can only wait and see.
We cannot MAKE them do their job.
We can only wait and see.




Quote:
BTW, Parade Magazine is an important, highly edited, publication with a huge readership.

I never found it to be significant; a little Sunday supplement
advertizing throw-away, to circulate ads for soaps and horoscopes.

I don 't know nor care if it has changed over the decades
since Burger's ill considered and probably unresearched personal opinion.
I read it when it came out, along with the funnies.
Unimpressive.



Quote:
I am certain that Burger carefully measured his words printed there. I think your saying that he was a $2 whore is disgusting.

On what do you base such intemperate words?

Because for a few nickles n dimes thrown his way,
he abuses the prestige of the court to blither his unresearched personal,
anti-American opinions. The Authors of the Bill of Rights wud have been scandalized,
chagrined & ashamed of him. He shud have known better; he did not care.
I don 't like it when people spit on the Bill of Rights.



David
0 Replies
 
Advocate
 
  1  
Sun 20 Apr, 2008 01:34 pm
Dave, please spare us. You say that Parade Magazine, a publication with truly massive circulation, has no validity, while Verdugo, a non2A case, is dispositive in the instant case.

You are partially right in saying that the various states feared that the new federal government would eliminate their armies. Thus, the delegates insisted on 2A, which provided a right to bear in the context of a well-regulated militia. Please, read the damn amendment. It vests no right in the individual.
0 Replies
 
OmSigDAVID
 
  0  
Sun 20 Apr, 2008 02:41 pm
Advocate wrote:
Dave, please spare us. You say that Parade Magazine,
a publication with truly massive circulation, has no validity,

Yes; I say THAT.
According to U, the Enquirer is MORE valid ( ?? ) since its circulation
is much more massive, being sold in supermarket checkout lanes, as it is ?
YOur standard for validity is POPULARITY ???



Quote:
while Verdugo, a non2A case, is dispositive in the instant case.

Do u dispute that the Slaughterhouse Cases were controlling precedent
on the entire Bill of Rights ?
Do u dispute the fact that NOT all of the 37 rights of the Bill of Rights
were before the court for adjudication in the Slaughthouse Cases ?
The USSC has ruled in VERDUGO that the same people
were protected by the right to vote for members of Congress
and by the First, Second, Fourth, Ninth and Tenth Amendments.
The court relied upon that definition of what people were protected
by those rights in the VERDUGO case; therefore, it is NOT obiter dictum.



Quote:

You are partially right in saying that the various states feared that
the new federal government would eliminate their armies.
Thus, the delegates insisted on 2A, which provided a right to bear in
the context of a well-regulated militia.

If your concept were historically accurate,
then HOW cud Ike and the Kennedys get away with violating 2A,
WITHOUT OBJECTION from the Dixiecrat Senators
not even during their filibusters,
claiming that 2 A protected them ?????????????
Were thay too shy ? too bashful to bring it up ???




Quote:
Please, read the damn amendment.
It vests no right in the individual.

Not only did I read the amendment,
both of the impartial professional grammarians who PARSED
the grammar of 2A agree with me. (U did not even TRY to disprove them.)

One of my tenants is an English Professor at Queens College.
He is a liberal Democrat who is very willing to argue his point of vu
on many issues of current interest, from the liberal vu point.
He agrees with the other 2 grammarians, after HE read and parsed
the amendment.
It surprizes me that u tell ME to read the 2A.

We KNOW from history that the Founders were FREEDOM LOVERS, LIKE ME.

Thay were the SONS OF LIBERTY.




David
0 Replies
 
Advocate
 
  1  
Sun 20 Apr, 2008 03:01 pm
Your arguments are hardly judicious. There is no similarity between Parade and The Equirer. You seem to be willing to say anything to make a point.

Slaughterhouse and Verdugo are quite different. Moreover, people like you rely on an offhand comment in the latter to argue the application of 2A. Were the court interested in the militia question, it would have certainly addressed it, if only slightly. The court never addressed that salient question.
0 Replies
 
OmSigDAVID
 
  0  
Sun 20 Apr, 2008 04:09 pm
Advocate wrote:
Your arguments are hardly judicious.
There is no similarity between Parade and The Equirer.
You seem to be willing to say anything to make a point.

Neither one of them is worthy of much credence,
tho, as u have pointed out, there is wide readership.


Quote:
Slaughterhouse and Verdugo are quite different.
Moreover, people like you rely on an offhand comment in the latter
to argue the application of 2A.
Were the court interested in the militia question,
it would have certainly addressed it, if only slightly.
The court never addressed that salient question.

We certainly agree on THAT, except that is not a salient question.
It is only peripheral and secondary, in that no one has been stopped from forming a militia.
As the professional grammarians have said,
reference to the militia is only an explanation
of the reason that the right of the people to keep and bear arms
shall not be infringed.

Suppose that your boss says : " be here by 9am tomorrow,
because we are going to have a meeting."
Suppose further that no meeting occurs.
That does not change the fact that your boss ordered u
to be there by 9am the next day.

Meeting or no meeting, u were still ordered to be there by 9am.
Get the point ?

I notice that u have ignored many of the points
that I raised in disproving your allegations.


David
0 Replies
 
OmSigDAVID
 
  0  
Sun 20 Apr, 2008 04:17 pm
It makes no sense
to refer to the underlying reasoning of the USSC in VERDUGO
as " an offhand comment "
0 Replies
 
oralloy
 
  0  
Mon 21 Apr, 2008 04:24 am
Advocate wrote:
Except with respect to handguns in certain places, gun control is not taking guns away.


Spare us the nonsense about people not trying to ban guns.

Obama and Hillary both voted in 2005 to ban all ammo for 30-30 deer rifles and .223 varmint rifles.

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00217



Advocate wrote:
Please, read the damn amendment. It vests no right in the individual.


Constitution says otherwise. So did the Founding Fathers. So did the Supreme Court. So does all but one appeals court. So does virtually every constitutional scholar.



Advocate wrote:
Slaughterhouse and Verdugo are quite different. Moreover, people like you rely on an offhand comment in the latter to argue the application of 2A. Were the court interested in the militia question, it would have certainly addressed it, if only slightly. The court never addressed that salient question.


Ever read the Miller decision?
0 Replies
 
cjhsa
 
  0  
Mon 21 Apr, 2008 06:11 am
oralloy wrote:
Advocate wrote:
"]Please, read the damn amendment. It vests no right in the individual.


Constitution says otherwise. So did the Founding Fathers. So did the Supreme Court. So does all but one appeals court. So does virtually every constitutional scholar.



Of course it gives the right to the individual. "All men are created equally free and independent; they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness."

And we all know that happiness is a warm gun.
0 Replies
 
parados
 
  2  
Mon 21 Apr, 2008 06:53 am
oralloy wrote:
Advocate wrote:
Except with respect to handguns in certain places, gun control is not taking guns away.


Spare us the nonsense about people not trying to ban guns.

Obama and Hillary both voted in 2005 to ban all ammo for 30-30 deer rifles and .223 varmint rifles.

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00217


It always amazes me the way people like Oralloy make comments about how the Kennedy amendment was designed to ban all ammo for 30-30 and .223 rifles when the amendment says the following

Quote:
``(iv) a projectile for a center-fire rifle, designed or marketed as having armor piercing capability, that the Attorney General determines, under section 926(d), to be more likely to penetrate body armor than standard ammunition of the same caliber.''.


I am curious as to how ALL ammo for a particular rifle can be more likely to penetrate body armor than the standard ammo for that caliber. Could you please explain that to us Oralloy?

Or perhaps you could apologize for your comment that you didn't bother to verify before you made since it is asinine and silly if not an outright lie.
0 Replies
 
parados
 
  2  
Mon 21 Apr, 2008 06:54 am
cjhsa wrote:
oralloy wrote:
Advocate wrote:
"]Please, read the damn amendment. It vests no right in the individual.


Constitution says otherwise. So did the Founding Fathers. So did the Supreme Court. So does all but one appeals court. So does virtually every constitutional scholar.



Of course it gives the right to the individual. "All men are created equally free and independent; they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness."

And we all know that happiness is a warm gun.


Your quote isn't from the constitution cj. Rolling Eyes
0 Replies
 
cjhsa
 
  0  
Mon 21 Apr, 2008 09:30 am
So what?
0 Replies
 
Advocate
 
  1  
Mon 21 Apr, 2008 11:25 am
Dave, please give me the actual words from Verdugo that state that the word "people" has the same meaning wherever used in the constitution.
0 Replies
 
Advocate
 
  1  
Mon 21 Apr, 2008 11:31 am
Dave, you find lexophiles very persuasive. Their findings are less than scientific, as illustrated by the following.



1. I wondered why the baseball was getting bigger. Then it hit me

2. Police were called to a day care where a three-year-old was
resisting a rest.

3. Did you hear about the guy whose whole left side was cut off? He's all
right now.

4. To write with a broken pencil is pointless.

5. The short fortune teller who escaped from prison was a small medium at
large.

6. A thief who stole a calendar got twelve months.

7. When the smog lifts in Los Angeles, U.C.L.A

8. The math professor went crazy with the blackboard. He did a number on it!

9. The professor discovered that her theory of earthquakes was on shaky
ground.

10. The dead batteries were given out free of charge.

11. A dentist and a manicurist fought tooth and nail.

12. A bicycle can't stand alone; it is just two-tired.

13. A will is a dead giveaway.

14. A backward poet writes inverse.

15. A chicken crossing the road: poultry in motion.

16. With her marriage she got a new name and a dress.

17. A grenade fell onto a kitchen floor in France, resulted in linoleum
blownapart.

18. He broke into song because he couldn't find the key.

19. A calendar's days are numbered.

20. A boiled egg is hard to beat.

21. If you jump off a Paris bridge, you are in Seine.

22. When she saw her first strands of gray hair, she thought she'd dye.

23. Bakers trade bread recipes on a knead-to-know basis.

24. Acupuncture: a jab well done
0 Replies
 
OmSigDAVID
 
  0  
Mon 21 Apr, 2008 01:34 pm
Advocate wrote:
Dave, please give me the actual words from Verdugo that state that the word "people"
has the same meaning wherever used in the constitution.

OK. I 'll get back to u for that; (I 'm going to a restaurant in a few moments)

In the meantime,
Advocate, will u offer your opinions of the following ?

In PLANNED PARENTHOOD v. CASEY (1992) 112 S.Ct. 2791 (P. 2805)
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.)




David
0 Replies
 
oralloy
 
  0  
Mon 21 Apr, 2008 02:30 pm
parados wrote:
oralloy wrote:
Advocate wrote:
Except with respect to handguns in certain places, gun control is not taking guns away.


Spare us the nonsense about people not trying to ban guns.

Obama and Hillary both voted in 2005 to ban all ammo for 30-30 deer rifles and .223 varmint rifles.

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00217


It always amazes me the way people like Oralloy make comments about how the Kennedy amendment was designed to ban all ammo for 30-30 and .223 rifles when the amendment says the following

Quote:
``(iv) a projectile for a center-fire rifle, designed or marketed as having armor piercing capability, that the Attorney General determines, under section 926(d), to be more likely to penetrate body armor than standard ammunition of the same caliber.''.


You've managed to leave a good bit of the amendment out of your quote.

This is the part that was intended to ban 30-30 deer rifles and .223 varmint rifles:

Quote:
``(iii) a projectile that may be used in a handgun and that the Attorney General determines, under section 926(d), to be capable of penetrating body armor; or




parados wrote:
I am curious as to how ALL ammo for a particular rifle can be more likely to penetrate body armor than the standard ammo for that caliber. Could you please explain that to us Oralloy?


The cause of your confusion is the fact that you were looking at the wrong part of the proposed amendment.



parados wrote:
Or perhaps you could apologize for your comment that you didn't bother to verify before you made since it is asinine and silly


What am I, a mirror?

Why do people always falsely accuse me of what they do themselves?
0 Replies
 
Advocate
 
  1  
Mon 21 Apr, 2008 06:10 pm
Dave, those cases could be interpreted as saying that 2A grants a right to the individual in the context of his or her membership in a well-regulated militia. That interpretation would meet the explicit wording of 2A.

It is foolish to think that the founding fathers referred to "a well-regulated militia" for the hell of it. Indeed, there are no extraneous words in the constitution, or in federal law in general, for that matter.
0 Replies
 
oralloy
 
  0  
Mon 21 Apr, 2008 06:31 pm
Advocate wrote:
Dave, those cases could be interpreted as saying that 2A grants a right to the individual in the context of his or her membership in a well-regulated militia. That interpretation would meet the explicit wording of 2A.


The Second Amendment protects pre-existing rights. It doesn't "grant" anything.

The main problem with your interpretation is the government does not allow anyone to serve in a well-regulated militia, thus denying them their Second Amendment rights.
0 Replies
 
Advocate
 
  1  
Mon 21 Apr, 2008 06:55 pm
oralloy wrote:
Advocate wrote:
Dave, those cases could be interpreted as saying that 2A grants a right to the individual in the context of his or her membership in a well-regulated militia. That interpretation would meet the explicit wording of 2A.


The Second Amendment protects pre-existing rights. It doesn't "grant" anything.

The main problem with your interpretation is the government does not allow anyone to serve in a well-regulated militia, thus denying them their Second Amendment rights.



This is just too wacky. For instance, there is no pre-existing right of free speech and press.

The National Guard is a militia.
0 Replies
 
parados
 
  2  
Mon 21 Apr, 2008 07:56 pm
Oralloy,

What is the purpose of iv if iii deals with all ammo for rifles?

Since your contention is that all ammo can be fired from pistols then iv would have no validity in your world but the amendment included it. Why would they include a meaningless part?
0 Replies
 
oralloy
 
  0  
Mon 21 Apr, 2008 09:51 pm
parados wrote:
Oralloy,

What is the purpose of iv if iii deals with all ammo for rifles?

Since your contention is that all ammo can be fired from pistols then iv would have no validity in your world but the amendment included it. Why would they include a meaningless part?


iii doesn't include "all" rifle ammo. It only includes rifle ammo that can be fired from a handgun.

All 30-30 ammo can be fired from a handgun.

So can all .223 Remington ammo and all .308 Winchester ammo.

Here is some of what Senator Kennedy had to say when he proposed the same amendment to a different bill:

Quote:
Another rifle caliber, the 30.30 caliber, was responsible for penetrating three officers' armor and killing them in 1993, 1996, and 2002. This ammunition is also capable of puncturing light-armored vehicles, ballistic or armored glass, armored limousines, even a 600-pound safe with 600 pounds of safe armor plating.

It is outrageous and unconscionable that such ammunition continues to be sold in the United States of America.


His words should be available on this page:

http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2004_record&page=S1634&position=all

I'm having trouble downloading that page tonight (50% success rate when I test the link), but presumably that is a temporary problem. The quote is from page S1634 of the 2004 Congressional record (which is what the link should lead to).
0 Replies
 
 

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