The science of gun crimes

Dec 2012
554
34
United States
No. The federal courts administer the law; and the courts are the arbiters of the law. The federal judiciary is a coequal branch of the federal government under the Constitution. And, furthermore, you live in this country under the rule of law. So, get used to it.

The Supreme Court while a coequal and being the 'arbiter' has no ability to enforce. Lincoln suspending habeas a perfect example. Tribunals against Germans during WW2, there are many examples. The Supreme Court historically left to exactly what they were created for. Interpretation.
 
Jan 2012
1,975
5
Texas
No. The federal courts administer the law; and the courts are the arbiters of the law. The federal judiciary is a coequal branch of the federal government under the Constitution. And, furthermore, you live in this country under the rule of law. So, get used to it.

You give up. I never will. You can have my rights when you pry them from my cold dead hands.

If this give up mentality was around in the civil war days I would be a confederate states citizen, if this give up mentality was common in the revolutionary war we would be British subjects.

You give up, the problem with apathy is that it demands company. Sorry, I love my country to much to let robbed wolves devourer it.
 
Dec 2012
554
34
United States
Your rights exist only by law. Get that simple principle through your cold dead head.

That's odd, I thought I had rights quite inalienable. Not written into any law. I thought life, liberty, and the pursuit of happiness was beyond any man or any man's laws to dictate.

Someobody was sleeping through US Government class, Nemo?
 
Jan 2012
1,975
5
Texas
Your rights exist only by law. Get that simple principle through your cold dead head.

Law, correct not monarchs.

You need to not be so rude. You are wrong, the supreme court isn't the dictator of our nation.

I tolerate all of you pseudo intellectual bunk without the insults. If you can't be civil, don't talk to me.
 

myp

Jan 2009
5,841
50
There is no such thing as inalienable rights. We might like to think there are, but there aren't. Because rights aren't part of the natural world. They are a creation of humans, often for humans. That doesn't make them any less significant in the realm of law, but it might be a little less mystical and maybe even a little depressing- but that is the way it is. I am not going to sugarcoat reality- I would rather see the truth, even if it is not the most comforting thing.

The reasons life, liberty, and pursuit of happiness are inalienable is because the government says so and is willing to protect those. That is the only reason. Not because we are naturally born with them.
 
Jan 2012
1,975
5
Texas
There is no such thing as inalienable rights. We might like to think there are, but there aren't. Because rights aren't part of the natural world. They are a creation of humans, often for humans. That doesn't make them any less significant in the realm of law, but it might be a little less mystical and maybe even a little depressing- but that is the way it is. I am not going to sugarcoat reality- I would rather see the truth, even if it is not the most comforting thing.

The reasons life, liberty, and pursuit of happiness are inalienable is because the government says so and is willing to protect those. That is the only reason. Not because we are naturally born with them.

Humans are part of the natural world so yeah inalienable rights are natural. Unless God or space aliens put us here.

They are not inalienable for you because you have allowed them to be. That's your fault. I personally am going to stand up. But then again that is in my character.
 
Jan 2012
1,975
5
Texas

Nemo, its simple, some people are wrong done are right, the are inalienable rights as long as you stand up and not let them be alienated. You ate either scared of the consequences of standing up or so incredibly beaten into submission.

You are wrong, today isn't your day.

It actually requires you to respect other peoples rights, not just respect them stand up for them especially when you disagree with others belief system

You do nether of these things, so your rights are not inalienable, except I stand for your rights too.
 
Oct 2012
4,429
1,084
Louisville, Ky
Law, correct not monarchs.

You need to not be so rude. You are wrong, the supreme court isn't the dictator of our nation.

I tolerate all of you pseudo intellectual bunk without the insults. If you can't be civil, don't talk to me.

You do of course realize...you just insulted him in the same sentence you claim to not use insults, don't you?
 
Dec 2012
518
11
Madison, AL
Um, no one in this thread is arguing that... We are saying make some guns illegal [possibly].
Once we decide that "shall not be infringed" means that "occasionally shall be infringed" or "shall be infringed if we want to" then we are no longer under a Constitutional form of government.

The court DOES have the power to give and take away rights.
This is an unusual statement for a free person. Our rights are ours because we exist. Governments may suppress those rights or recognize them. Government do not and cannot grant them.

Rights are defined by humans and protected by governments.
See above.

And while the Constitution says rights are endowed by the creator (something a lot of the founding fathers probably didn't even believe considering many were deists, but they had to say it for the population's sake and for the effective policy),
You presume a very great deal. Deists or not it would be a very odd thing for all of the Founders to be so very different from all of the rest of their society. Also that particular phrase,"endowed by the creator" is not found in the Constitution. A phrase similar to it is found in the Declaration of Independence.

it also says that when there is disagreement over the interpretation of law the SCOTUS decides what is and isn't Constitutional.
Here is the complete section of the Constitution establishing the judiciary and its roles and responsibilities:

Article III.

Section. 1.

The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section. 3.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.​

. . .

The Supreme Court gave itself the power to decide.

And there is disagreement over what the 2nd amendment means- so the SCOTUS decides whether a particular law is Constitutional or not- not you.
First a law must be created. Then a person with standing has to bring the case. And, of course, the Court must decide to hear the case.

Given your eagerness to undo the Constitution might I suggest it is time for some common sense regulation of the press under the First Amendment? Clearly the Framers could not have anticipated any of today's technologies. Clearly they would be opposed to what the state-directed media has done to the nation. We need to break up the state-directed media or perhaps only allow them to discuss a matter of political importance in print delivered by the postal service on horseback.
 
Dec 2012
518
11
Madison, AL
The Second Amendment - is it up for grabs by tyrants?

Me and you disagree over the 2nd amendment- clearly there can be disagreement over it. It is not necessarily a disagreement over whether it should be because we both think it should. I just don't think it says people should be able to have AK-47s or even some of the rifles they can have today. Beyond that, arms can be anything including bombs- do you think bombs should be legal to have too? And me, tecoyah, etc. have already addressed the point of criminals still having guns- it is you and misterveritis that think you have the perfect option whereas most of the rest of us realize there is no perfect option and that yours has flaws just as ours do, but that it is all relative in terms of outcome including deaths (which includes accidental deaths and the ease of grabbing an automatic or semi-automatic weapon, etc.).
Automatic weapons are strictly regulated. I believe you already know this.

Also, it is clear from what the Framers wrote that arms are those weapons used by individual soldiers, the infantry, if you will. It does not appear they intended to include weapons used by crews. Today, infantry are in possession of automatic weapons. So individuals can have automatic weapons.

Most weapons are semi-automatic. They have been state of the art weapons for more than one hundred years. But you see an opening to disarm the citizenry and turn all of us into subjects of the state.

You must be opposed. You must be defeated.
 

myp

Jan 2009
5,841
50
No one wants to undo the Constitution, misterveritis. That sort of out-of-the-blue fabrication and jumping to conclusions really hurts your ethos. The point is you interpret the Constitution differently than I do and that will happen. The way things are the SCOTUS decides- according to the Constitution itself, the way I interpret it and even if not, that is the way things work and have worked for a very long time.

You think the 2nd amendment says you can bear any arms, but even then I am sure even you have contingencies. Can people own grenades? Bombs? Those could be considered arms too. I read the 2nd amendment as we have the right to bear arms, but that doesn't mean the right to all arms. Considering that guns were no were near as powerful when the 2nd amendment was written, we don't know what the founders would have said about it today anyway. What we do know is that we have a disagreement in interpretation. You can deny that and say I am wrong and you are right, but that is quite egotistical of you because you have no basis for that claim other than your opinion. Interpretation is subjective- it entails opinion. You have yours and I have mine. I don't understand why you can't grasp that.
 
Dec 2012
518
11
Madison, AL
An astounding display or dishonesty?

clax, should individuals be able to own nuclear bombs? I am sure you say no. Well that is the same issue here.
Do you believe nuclear weapons are used by individual infantrymen? This is either a dishonest argument or an astounding display of ignorance.
 
Dec 2012
518
11
Madison, AL
clax, you seem to think everyone is using words opposite what they mean. Have you ever considered that we are all using the words properly and it is YOU with the misunderstanding of what words mean and how they operate? More likely to be 1 person wrong than 1000, right?

To you the SCOTUS is wrong, millions of Americans are wrong, the Constitution is even wrong (when it grants the SCOTUS the power)- only you are right. Who the hell do you think you are?

This will not be the first time that low information people all agree with one another. I suppose you enjoy the idea of dismantling the Constitution. I know the politicians do.
 

myp

Jan 2009
5,841
50
This will not be the first time that low information people all agree with one another. I suppose you enjoy the idea of dismantling the Constitution. I know the politicians do.

You don't understand what interpretation means, do you? You interpret it one way, I interpret it another- it has nothing to do with dismantling anything.
 
Dec 2012
518
11
Madison, AL
The Congress and President makes the law,
Well, no. The Congress makes the law. The president, as the head of the Executive Branch, enforces the laws.

and if it the Constitutionality is challenged, the Supreme Court determines whether it is valid. Just as we just saw with the healthcare law. This is a core function of the judicial system- to figure out what it deems the correct interpretation of the Constitution and determine if a law is Constitutional.
The court's ruling on Obamacare shows that the Supremes no longer particularly care about the Constitution.

So in the case that clax and Nemo are talking about, no the people do not have the final word- the Supreme Court does.
"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."
 
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Dec 2012
518
11
Madison, AL
How to interpret "Interpret"

You don't understand what interpretation means, do you? You interpret it one way, I interpret it another- it has nothing to do with dismantling anything.

Of course it does. "Congress shall make no law..."

What does that mean to you?
Does it mean Congress shall make no law?
Does it mean Congress shall make some laws?
Does it mean Congress can do as it wishes because we are no longer constrained by a written Constitution?

Your answer will help me gauge what level of tyranny is acceptable to you.
 

myp

Jan 2009
5,841
50
Okay misterveritis, you think the SCOTUS has been compromised. What are you going to do about it? The vast majority of THE PEOPLE do not agree with you. Go ahead and try to abolish the government or whatever you want to do in the name of the Constitution because fact of the matter is the vast majority of THE PEOPLE do not agree with you and do not want to abolish the government, secede or do whatever it is you want to do.
 
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