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The Constitution & The Judicial Branch Discuss Are there no limits on Second Amendment rights? at the Political Forums; Well how well does any reader of this know what limits are placed on the Constitution’s Bill of Rights? Well ...

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Old 01-09-2014, 03:22 PM
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Default Are there no limits on Second Amendment rights?

Well how well does any reader of this know what limits are placed on the
Constitution’s Bill of Rights? Well I am sure that some on the left won't agree with this finding.


Quote:
Constitution Check: Are there no limits on Second Amendment rights?


By Lyle Denniston 3 hours ago

Lyle Denniston looks at some recent quotes about the restricted rights from gun owners, which show conflict over the Second Amendment even among people on the same side of the issue.

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.THE STATEMENTS AT ISSUE:
“The fact is, all constitutional rights are regulated, always have been, and need to be.”


– Dick Metcalf, in an article titled “Let’s Talk Limits,” published last October by Guns & Ammo magazine, leading to his firing as a columnist for that publication, as recounted in a story January 5 in The New York Times.

“We are locked in a struggle with powerful forces in this country who will do anything to destroy the Second Amendment. The time for ceding some rational points is gone.”

– Richard Venola, a former editor of Guns & Ammo, in a comment quoted by The Times in that same story.

WE CHECKED THE CONSTITUTION, AND

In only one place in the Constitution’s Bill of Rights is there a provision that flatly bars the government from regulating one of the protected rights. That is in the First Amendment, declaring that “Congress shall make no law respecting” the rights listed in that Amendment. The “right to keep and bear arms” is not one of those rights; it is contained in the Second Amendment.

The Second Amendment’s text, of course, does say that the right it protects “shall not be infringed.” Is that the same thing as saying that government may pass “no law respecting” gun rights?

Let us suppose that, constitutionally speaking, those two phrases do mean the same thing. But, as history has shown, there if flexibility in constitutional meaning: “No law,” for example, does not really mean “no law.”

The only place that Americans can look for a binding interpretation of what the Constitution’s words mean – other than to the people acting through the amendment process to make a new constitutional declaration – are the decisions of the U.S. Supreme Court.

The reality is that one can look in vain throughout the entire history of the First Amendment for any indication that the rights to religious and press freedom, the right to free speech, and the right to complain to the government about one’s “grievances” are absolute rights, beyond any type of official regulation.

Yet these to have Limits. Read below.

Over the time since 1791, when the Bill if Rights was ratified, the Supreme Court has given its blessing to an entire governing edifice that regulates First Amendment rights: the laws of libel and defamation, limits on publishing secret military strategy, regulation of “obscene” and “indecent” expression, and limits on “hate speech.” Famously, the court has said that one has no right to shout “Fire!” in a crowded theater. Even the right to worship freely sometimes is curbed by laws that regulate conduct that has religious meaning.

In contrast to the First Amendment, there is very little constitutional history about the meaning of the Second Amendment. In fact, until just five years ago, the “right to keep and bear arms” was not generally understand as a personal right to have a gun, even for self-defense. It was only in 2008 that the Supreme Court declared that such a personal right does, indeed, exist.

.................................. CONTINUED AT:
Constitution Check: Are there no limits on Second Amendment rights?
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Old 01-09-2014, 03:57 PM
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Default Re: Are there no limits on Second Amendment rights?

The only infringing to be done regarding the Second Amendment is on the person who misuses his weapon and harms or kills an innocent person.
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Old 01-09-2014, 04:45 PM
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Default Re: Are there no limits on Second Amendment rights?

you know, I'm a fan of the constitution but the way far to many people read the Constitution is to see what rights the gov't can the piss on. And if the supreme court says it's OK or doesn't rule against a law the congress cooked up, or a rule that the executive branch pul out of it arse THEN it's somehow IT "constitutional".

"they've been doing it, and the Courts haven't stopped it, therefore it's OK."

Rather than what what rights were the people trying to protect and what authority were the people giving to the feds..

The Constitution is predicated on the idea the we are a "free people". ANd as free people the gov't has NO authority over us but what WE give it.

If we want to have a ferakin' bazooka, Paint my house red green and gold, grow weed, Quote the Frankenstein, and Offensive Bible verse at the park marry a Cactus plant. the Gov't should have NO say in it.

Gov't is an abstract construct. The Only power it has is what people give it. Or what it takes by force.

Saying the the gov't is Constitutionally allowed to Read my Mail or take my guns is 1st order BS.
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Old 01-09-2014, 05:14 PM
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Default Re: Are there no limits on Second Amendment rights?

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Originally Posted by mr. wonder View Post
Saying the the gov't is Constitutionally allowed to Read my Mail or take my guns is 1st order BS.
I agree with what you say. "Constitutionally allowed" means the law is allowed by WE THE PEOPLE.
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Old 01-10-2014, 03:39 PM
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Default Re: Are there no limits on Second Amendment rights?

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Originally Posted by mr. wonder View Post
you know, I'm a fan of the constitution but the way far to many people read the Constitution is to see what rights the gov't can the piss on. And if the supreme court says it's OK or doesn't rule against a law the congress cooked up, or a rule that the executive branch pul out of it arse THEN it's somehow IT "constitutional".

"they've been doing it, and the Courts haven't stopped it, therefore it's OK."

Rather than what what rights were the people trying to protect and what authority were the people giving to the feds..

The Constitution is predicated on the idea the we are a "free people". ANd as free people the gov't has NO authority over us but what WE give it.

If we want to have a ferakin' bazooka, Paint my house red green and gold, grow weed, Quote the Frankenstein, and Offensive Bible verse at the park marry a Cactus plant. the Gov't should have NO say in it.

Gov't is an abstract construct. The Only power it has is what people give it. Or what it takes by force.

Saying the the gov't is Constitutionally allowed to Read my Mail or take my guns is 1st order BS.
And We The People haven't the brass ___ to do as the Declaration of Independence allows us to do.

Quote:
IN CONGRESS, JULY 4, 1776

The unanimous Declaration of the thirteen united States of America

hen in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
The Declaration of Independence

Well are you happy and do you feel safe under this corrupted govt., who has more than the average person in their rights, and the laws they have made just for them.

Well I sure don't and I am not saying anything more than what I have said. And I sure am not suggesting We The People should do anything about wht the our Declaration declares.
Plus I am not sure it means we can decide to replace our current government.

Now if it was like the time period at the start and at the end of the Viet-Nam War those who united against that war {whom now are in power and involved in Politics} if that was today I bet they would try to have the govt., replaced.
Sense once they became united & saw their power they have not stopped pushing for what they feel is proper or right.
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Old 01-10-2014, 03:45 PM
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Default Re: Are there no limits on Second Amendment rights?

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And We The People haven't the brass ___ to do as the Declaration of Independence allows us to do.
This is not the place for anyone to post his opinion of that. My opinion only, so no rebuttals will be given.
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Old 01-10-2014, 04:58 PM
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Default Re: Are there no limits on Second Amendment rights?

Prior SCOTUS have ruled guns can be regulated.
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Old 01-10-2014, 05:19 PM
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Default Re: Are there no limits on Second Amendment rights?

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Prior SCOTUS have ruled guns can be regulated.
Yes. I understand psychos, assorted criminals, and mentally unstable people are shlt out of luck if they want to get their hands on any of those "regulated" pieces.
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Old 01-10-2014, 06:19 PM
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Default Re: Are there no limits on Second Amendment rights?

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Yes. I understand psychos, assorted criminals, and mentally unstable people are shlt out of luck if they want to get their hands on any of those "regulated" pieces.
Actually in many states there is little way of tracking mentally I'll buying guns.

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Old 01-10-2014, 06:37 PM
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Default Re: Are there no limits on Second Amendment rights?

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Actually in many states there is little way of tracking mentally I'll buying guns.

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As if psychos intent on murdering are going to tremble in their shoes that they may be tracked if they acquire a weapon.
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