This is a discussion on Maybe it's time to end the American experiment. within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by palmgopher these politians no longer care what the voters want. they go by what they think is better for us. we are ...
As far as posing the legal question of whether the states have rights when it comes to how guns are regulated, you could turn a liberal argument around and say "If militia's are to be regulated in the sense that are subject to laws regarding firearms, it would be a right enumerated to the states since the conventional meaning of "militia" is a collection armed citizens who, when organized, are at the service of the state." The federal Govt would have no jurisdiction over the matter since they -gun owners- have passed the litmus test to be legally armed by the state in which they reside. Its already like that since we all know of the CCW reciprocity and how some states do not recognize other permit holders because of differences in legal doctrine. At a state level, 2A works as it should since it never infringes without due process of law. Federally, well, look at what's going on now. The Federal Govt is dictating to the states how its citizens are to be regulated which does infringe. Case in point, the $200 fee that is charged to owners for registering their semi-autos as a class 3. If $20 bucks for a voter ID card is to burdensome, according to Holder, then what would he call this? A tax? I dont see that bird flying in the Supreme Court as it is imposed on items already owned by the individual.
But this all shouting at the wind as they're going ahead with this anyway. Perhaps a large scale secession isn't beyond the question after all.
The ultimate result of shielding men from the effects of folly, is to fill the world with fools.
--->Herbert Spencer
Springfield xd 45, Sig Sauer SP2022(9mm),Remington 700(.308), Bushmaster xm15,...and lots of ammo for all of 'em.
Array
Break up the states? If those cadets in Charleston had just deported the Federal troops in Ft. Sumter instead of shooting at them, it might have worked.
Retired USAF E-8. Avatar is OldVet from days long gone - 1978. Oh, to be young again...
Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield
Actually, I take that back about the "militia". With "...the right of the people shall not be infringed.", the line is blurred between what constitutes a militia and what is a private citizen. Either way, its up to the state.
The ultimate result of shielding men from the effects of folly, is to fill the world with fools.
--->Herbert Spencer
Springfield xd 45, Sig Sauer SP2022(9mm),Remington 700(.308), Bushmaster xm15,...and lots of ammo for all of 'em.
This kind of thinking is a large part of the problem. 'I, palmgopher, do hearby swear fealty to the Republican Party'. The desire to legislate away peoples rights has kept me from voting for as many R's as has D's. It sounds great as long as it isn't your ox that they want to gore.
Array
At that time, with no "regular" standing army, each state had its own militia, composed of private citizens made available upon call. The state was not responsible for providing arms so each individual was expected to provide his own and to maintain his proficiency. The concept of the "citizen soldier" continues to this day.
Retired USAF E-8. Avatar is OldVet from days long gone - 1978. Oh, to be young again...
Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield
Technically we are already set up that way. Throughout history and as you see in Europe, a sovereign land is referred to as a "state." Each nation in the world is its own State, as are our 50 states... how its supposed to work is that other than inter-state and international commerce, and the common defense of the nation, each "state" takes care of itself and is sovereign...hence, The United States of America.. separate but united "States," all in the continent of America..
We have come to think of our 50 states more like territories and provinces than as "States," note the capital S.
But the organization and management of the country has gone to crap... things have changed and not for the better in most cases. The way of our world isnt what it used to be.
To the point of the militia... all able-bodied men between the ages of 17-44 constitute the militia.. even to this day.. but you will never be called to arms to perform that duty. If so, it would solidify your rights as a firearms owner and put you/us into a protected class.. which those in power would not do.
So legally, we have two militias, the organized militia.. which is are modern day military.. and the enrolled militia, which is the body of citizens. It has been this way since the Militia Act was passed in May of 1792, which distinguished the two roles.
I would prefer to see electors awarded by congressional district with each state having only two electors that go to the winner of the state as a whole.
From my discussions with my poltical science professor uncle, originally the elctors were awarded by each state's government just like Senators. Each state has the ability to decide how its electors vote.
It seems strange that people from states (like my own) that exist largely at the expense of the federal government. Alabama is only able to balance it's budget and have paved roads and infra-structure capable of supporting a modern economy due to federal welfare.
If a state should really want to secede then it should reform its own tax and payment system first so it can function as an independent nation. Until that is done this is all just fantasy and reminds me of a recent quote I heard.
If the prospect of changing the way you live terrifies you, but the thought of facing the consequences of the way you live terrifies you just as much, daydreaming that some outside force will come along and change everything for you can be a convenient way to avoid having to think about the future you’re making for yourself.
~John Micheal Greer
Noli nothis permittere te terere
Lord, Grant me a good sword and no need to use it.
Interestingly, SCOTUS has used the litmus test of weapons having military or defensive value in declaring them protected under the 2nd. From this perspective, "military style assault" rifles as the media likes to call them should be clearly in the protected territory for possession by citizens.
It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!
"When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson
You are only paranoid until you are right - then you are a visionary.
Sorry but I had to laugh, mainly because of the quality of the people we elect to Montgomery.
But you are right, the tax money collected will go to Alabama, the problem is the Alabama spends more in tax money than it collects (state + federal) and that is the point I was trying to make.
I am for local government and local solutions for local problems. I just find that most people do not realize that the services they want the government to provide for them costs more then they are willing to pay. I am mainly talking about my small town, but it can refer to higher levels of government
Noli nothis permittere te terere
Lord, Grant me a good sword and no need to use it.
Is that just transfer payments, or does it include extra sources of local economic benefit such as military bases?
If 'mental illness' is a main cause of gun-grabbing sentiments, then mental illness is the true enemy.
The March of Dimes worked. There's an opportunity there for being pro-active in defense of your rights.
Alternatlvely, please just actually give actual money occasionally.
"State" in 2A refers to the nation state - the federal government.
Federalists and the reality of national defense shifted the balance of power from the states to the federal government by the time of ratification of the BOR, which, for political purposes, set limits on federal power.
IOW, the Constitution establishes federal supremacy. The BOR bars the federal government's superseding any rights not specified to it in the Constitution and lists some such rights, specifically. Read 2A in the context of the times, and it says that, though we shall have federal supremacy and the military force necessary to maintain it, neither federal supremacy or its military shall infringe on the right of the people to keep and bear arms, and the people shall retain the right.
Interestingly, the McDonald decision says 2A bars states too.
-Blackstone’s Commentaries 145–146, n. 42 (1803) in District of Columbia v. Heller, 554 U.S. 570 (2008)Americans understood the right of self-preservation as permitting a citizen to repel force by force
when the intervention of society... may be too late to prevent an injury.