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Thread: The Bill of Rights is NOT negotiable.

  1. #76 | Top
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    Quote Originally Posted by Flash View Post
    I don't think it is their "mission statement" since there is nothing in the Constitution giving the courts the power to interpret it. The Courts gave themselves that power in Marbury v. Madison.
    The courts recognized that they had been given that power in Marbury v. Madison. And that power derives from the Constitution.

    "Section 2
    The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution..."

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    Quote Originally Posted by Concart View Post
    It indicates that the Bill of Rights is indeed negotiable. Every 'right' has limitations. That's what the Federal courts are for. It is literally their mission statement.
    you think the federal courts are there to limit our rights????
    In a combat situation it is about 16 times better to do something useful and violent right away than to wait and figure out something even more useful and violent later.
    “whenever you put your faith in big government for any reason, sooner or later you end up an apologist for mass murder.”

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    Quote Originally Posted by Concart View Post
    Because it drives home the point. You cannot own a machine gun. Better? The point is that I just infringed on your right to bear arms.
    you CAN own a machine gun
    In a combat situation it is about 16 times better to do something useful and violent right away than to wait and figure out something even more useful and violent later.
    “whenever you put your faith in big government for any reason, sooner or later you end up an apologist for mass murder.”

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    Quote Originally Posted by Flash View Post
    States were free to make any restrictions on the 2nd Amendment until 2010 when the Supreme Court made it applicable to the states.
    this is not completely correct. each state has their own constitutions that apply
    In a combat situation it is about 16 times better to do something useful and violent right away than to wait and figure out something even more useful and violent later.
    “whenever you put your faith in big government for any reason, sooner or later you end up an apologist for mass murder.”

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    Quote Originally Posted by Concart View Post
    The courts recognized that they had been given that power in Marbury v. Madison. And that power derives from the Constitution.

    "Section 2
    The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution..."
    I don't think the "judicial power" included interpretation of the Constitution. That is not the provision they used to justify judicial review. Much of it was political in that they were seeking a solution that did not make them look powerless.

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    Quote Originally Posted by Concart View Post
    The courts recognized that they had been given that power in Marbury v. Madison. And that power derives from the Constitution.

    "Section 2
    The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution..."
    the courts USURPED that power in marbury, thus it is null and void
    In a combat situation it is about 16 times better to do something useful and violent right away than to wait and figure out something even more useful and violent later.
    “whenever you put your faith in big government for any reason, sooner or later you end up an apologist for mass murder.”

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    Quote Originally Posted by SmarterthanYou View Post
    this is not completely correct. each state has their own constitutions that apply
    Agreed. If states changed their constitution or laws there would be nothing in the U. S. Constitution that prohibited states from firearms restrictions.

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    Quote Originally Posted by Flash View Post
    Agreed. If states changed their constitution or laws there would be nothing in the U. S. Constitution that prohibited states from firearms restrictions.
    and if the federal courts ruled according to their limitations, nothing prohibits states from enacting firearms laws except their own state courts.........or as a last resort, the people
    In a combat situation it is about 16 times better to do something useful and violent right away than to wait and figure out something even more useful and violent later.
    “whenever you put your faith in big government for any reason, sooner or later you end up an apologist for mass murder.”

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    Quote Originally Posted by Concart View Post
    Because it drives home the point. You cannot own a machine gun. Better? The point is that I just infringed on your right to bear arms.
    Wrong.
    I totally can.
    Don't make me prove it.
    You are totally wrong though.
    It is the responsibility of every American citizen to own a modern military rifle.

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    Quote Originally Posted by Flash View Post
    I don't think the "judicial power" included interpretation of the Constitution. That is not the provision they used to justify judicial review. Much of it was political in that they were seeking a solution that did not make them look powerless.
    We'll agree to disagree. What is indisputable is that Marbury v. Madison is the law of the land, and courts make determinations about whether laws are constitutional. They do so because the Constitution lacks specifics. For the purposes of the Second Amendment, what group makes up 'the people'? What does it mean to 'bear arms'. What is the definition of arms? The idea that there is an objectively agreed upon definition of all these things is nonsense.

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    Quote Originally Posted by Rune View Post
    Wrong.
    I totally can.
    Don't make prove it.
    You are totally wrong though
    Yes, you can technically own one. They can't be manufactured and sold. But thanks for providing the evidence for my argument. There are limits. Period.

  12. The Following User Says Thank You to Concart For This Post:

    domer76 (04-08-2021)

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    Quote Originally Posted by Concart View Post
    We'll agree to disagree. What is indisputable is that Marbury v. Madison is the law of the land, and courts make determinations about whether laws are constitutional. They do so because the Constitution lacks specifics. For the purposes of the Second Amendment, what group makes up 'the people'? What does it mean to 'bear arms'. What is the definition of arms? The idea that there is an objectively agreed upon definition of all these things is nonsense.

    Yes, if the leaders at the time believed the courts were exceeding their power they could have taken action. I'm not aware of any efforts to overturn Marbury (although I've never really researched it).

    And, it seems only logical. Without the power of judicial review there is nothing to prevent the executive or legislative branches from exceeding their constitutional powers. Without a check on those powers the Constitution loses any meaning.

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    Quote Originally Posted by Concart View Post
    We'll agree to disagree. What is indisputable is that Marbury v. Madison is the law of the land, and courts make determinations about whether laws are constitutional. They do so because the Constitution lacks specifics.
    then you've never really read the constitution. marbury can't be the law of the land unless you take the whole entire opinion.........which would also include any law contrary to the constitution is null and void, but then that would also mean YOU knowing whats constitutional and whats not instead of needing 9 black robed tyrants to tell you
    In a combat situation it is about 16 times better to do something useful and violent right away than to wait and figure out something even more useful and violent later.
    “whenever you put your faith in big government for any reason, sooner or later you end up an apologist for mass murder.”

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    Quote Originally Posted by BidenPresident View Post
    "abcdefg"
    I applaud your apparent effort to learn.
    It is the responsibility of every American citizen to own a modern military rifle.

  16. #90 | Top
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    Quote Originally Posted by Jim Eagle View Post
    Unlike other sections of the Constitution, SCOTUS rulings on 2nd Amendment issues have been consistent. Obviously you don't know that because you never graduated college.

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