Forum Replies Created
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Mike Frank, 11 years ago
Its a media outlet, how much of what they say can you believe anyway.
Mike Frank, 11 years ago
1. Pass state laws that explicitly prohibit unconstitutional federal edicts. Obamacare, gun control, warrantless spying, etc.
2. Pass state laws prohibiting certain federal employees from engaging in acts deemed the right of the state. Such as the EPA, IRS, Dept of Ed, etc.
3. Using a Constitution Amendment Convention, which the states are allowed to do under Article 5 of the constitution, make the following amendments.
a. Revoke the 17th amendment. Revert Senators to being appointed by the state government and not elected as it was originally written and intended. Senators were supposed to represent the State government and not constituents. Reps are elected to represent the people. This way Senators actually represent the state government, and can be hired/fired at any time by said government. They would no longer be persuaded by lobbyists.
b. Revoke the 16th amendment, take away the power to steal money from the people’s paychecks. This is a two-fold issue. It strips a guaranteed revenue from the Fed and makes more money available at the state level. Even though I hate paying taxes at the state level, we as individuals, would have more say over how the money is spent.
c. Add a balanced budget amendment. Force the government to live within its means.
d. Add an amendment restricting pay for Congress, and remove their super nice retirements.
e. Add an amendment that forces congress/POTUS to have to live under the laws they pass. No exemptions.
f. Add an amendment that creates a non-paid ethics committee, with 1 rep appointed by each governor that have the power to investigate any and all federal elected officials and those appointed by them. (Congress, POTUS, SCOTUS,VPOTUS, all cabinet positions, etc) for ethics violations with the power (by majority vote) to suspend those officials from office, and send them to a grand jury.The most important thing is state pols need to grow a pair and start refusing to abide by the fed when its unlawful. It may hurt in the beginning as the fed uses its power to punish states but if they hold their ground states will be stronger for it in the end.
Mike Frank, 11 years ago
The 2A is a natural right, and all the constitution does is reaffirm that right.
That said.
I believe it is unconstitutional for a citizen:
To have to submit to a background check to obtain “Permission” to purchase a firearm.
To have to apply for and gain “Permission” from the state in order to carry a concealed firearm.
To have to gain “Permission” from the government to openly carry a firearm.Nowhere in the 2A does it say that a citizen has to get “Permission” from the government in order to exercise their right. As a matter of fact the amendment says that the right “Shall Not Be Infringed”
Mike Frank, 11 years ago
A “constitutional approach” is just that, following the constitution. I am not real sure what the “we the people” approach is but if it differs from a “constitutional approach” then I am not sure I would follow it.
We know from reading the federalist papers and other writing from our founders that they were firm believers in each individual being armed with the latest in weaponry at all times in order for them to not only hunt for sustenance but primarily to defend themselves from those that would do them harm, whether it be bandits or governments. I know I keep harping on this, but it is the reason that the 2A ends the way it does. “Shall not be infringed” is very strong wording, and by reading what the founders penned we know that it means what it says.
I firmly believe, as many 2A supports do, that any and all of the current laws on the books dealing with firearms, to include ammo and accessories, is unconstitutional.
Now I do think it is a good thing to keep guns out of the hands of criminals, but lets face it, the majority of firearms used in crimes were gotten illegally to begin with and no amount of laws has or will change that fact. All those laws have done is make it harder for law abiding citizens to obtain firearms themselves. It has been proven time and again that personal gun ownership has and does reduce crime, and also the carrying of concealed weapons has increased those numbers.
If our state or even fed could pass a law that would bar all evil doers from obtaining a firearm while not inhibiting everyone else’s access to those same weapons I would be all for it, as I assume most people would be. But we have to face facts, no law, no matter how well written or implemented will stop those bent of doing evil from obtaining firearms. Make it a little harder, maybe, but not stop them. Firearm laws hurt the good people and do nothing to the evil people.
No matter what all the well-intended think, there is no law that will curb gun violence. Gun violence is a socio-economic problem. It’s a lack of a good education system, broken homes, absent parents, over worked parents, parents who shouldn’t be parents in the first place, a government that is oppressive, over tax, over regulate, and over spend. Its role models who come from a gang banger background, and TV. Its kids who can recite an entire Kardashian sister’s sexual history, but can’t recite the pledge of allegiance or the Star spangled banner. It’s a culture of get rich and get famous without wanting to put in the work to get there. Sorry //rant off What I am getting at is that there is a lot of causes of gun violence, but the gun isn’t one of them.
I pretty much answered the last part of your question, no I do not believe that there are limitation on the 2A. IMO just because the government has limited our rights, and a government judge says they can, does not make it right, just, or constitutional.
Our rights are natural rights, meaning they do not come from a person or government. We are born with them, and they can only be taken if we surrender them.
Mike Frank, 11 years ago
I have to disagree. Texas should be a leader and not a follower. Texas should be the first state to come out and say we are going to uphold the constitution as written, including the 2A. Shall not be infringed is a very specific term and one that not a single state or fed seem to understand, sShall not be infringed means what it says. Texas should embrace a constitutional approach to the 2A and abolish all gun laws and restrictions.
Mike Frank, 11 years ago
Mr. Goldman
The main reason to abolish 16A is because it gives congress the power to tax income as they see fit. We need to remove that power from them. Thus a flat tax and balanced budget amendment would replace the 16A. Along with that we need to abolish the Fed Reserve and make Congress do their job.
You know, I generally agree with the founders way of thinking, but term limits is one area where I differ. While your right that by instituting term limits we might push out that 1 in a million perfect politician, I feel that the benefit far outweighs that possibility.
If we could force Congress back to the way it was during the baby years of this country then yes by all means no term limits. But Congress is so far from what it used to be. Originally it was a part time position only held a couple of months a year, the rest of the time congressmen were back home working in their districts staying in touch with the people. Now it’s a full time cash cow job, completely removed from the people they claim to serve, when in fact they serve only themselves. Originally, the majority of politicians were about god and country, now its all power and money. Too many politicians are voted in because they have a recognizable name or have a D or R after their name. Very few are elected for the content of their character, or their accomplishments, which is why we are in the mess we are in.
Mike Frank, 11 years ago
Yes I do take issue with what Justice Scalia wrote. Just because the government has or can infringe on a right does not make it constitutional, and just because a political court upholds or strikes down laws does not make them just. The exact things that the founders had not only fought against but strived to protect the new country from.
That is why the founders saw the need to enumerate our natural rights. They wanted the people to understand what god has given them and what the constitution protects. Including a provision for states to nullify federal laws.
There have been several SCOTUS rulings on the 2A and most of them are partially right, but none of the totally. The closest I would say is United States v. Miller, 307 U.S. 174 (1939). Even though Miller never presented his side of the case, had he the NFA (National Firearms Act) might have been struck down. Although the NFA was upheld mostly by saying it was a tax and not a registration scheme, sound familiar.
Mike Frank, 11 years ago
IMO, both. For the record I am for constitutional carry in the purest form.
The less violent, chicken criminals, or those without firearms themselves will more than likely be deterred by the sight of a person with a firearm.
I also firmly believe that in an imminent active shooter situation a lone OC (open carry) or even a couple of OC could be the first ones shot as the situation develops, whereas a CC (concealed carry) would allow you time to take cover and evaluate/react without being the first one targeted. I know that if I were a criminal and I was to say rob a bank, and my crew stormed in, if I saw people OC, they would be the first ones I would neutralize, either killing or disarming. That is not to say that all situations are that way, but there are other factors in play, there are times to OC and use it as a show of force.
Mike Frank, 11 years ago
Robby
I am not a big fan of open carry in most circumstances, I prefer concealed carry. There are situations that call for a show of force, but in normal life situations, open carry makes you a target.
I agree with you that firearm owners should train and often. I shoot at least 1000 rounds a month to keep my skills fresh. Now everyone doesn’t need to train to that level, but they should be very familiar with their weapon systems and shoot a couple hundred rounds per quarter if they carry.
The 2A was written as the sword to protect the constitution, since without the 2A there would be no way to secure our other natural rights. It gives all Americans the write to be armed and use those arms to protect not only yourself and family, but society, county and constitution.
When the 2A was written the general arms were rifle and pistol muskets, cannons and blunderbusses, all generally single shots. They were generally inaccurate and slow to use, since it could take more than a minute to reload after each shot. But the founders intended the people to have the same arms as the military. They knew that if at any point the government became more powerful than the people then there is tyranny, and as such intended that states would have their own militias (not the National Guard), with the militia and the people being armed equally as well as the federalized military.
As to what changes the founders would make today, I believe that they would reword the 2A to take away the ambiguity that the gun grabbers use and to reinforce their desire to have everyone armed. The nature of man has not changed in the last 230 years or even 2000. They knew that there are good and bad people, but that the good outnumber the bad, and if equally armed would prevail.
You asked if people could be trusted with arms in public setting, but they are now, and you might be surprised to know that at any event there are armed citizens and nothing bad happens. Guns are not the problem, people are.
Mike Frank, 11 years ago
There are several amendments that will help the states to reign in the fed.
Term limits. House of Reps limited to 2, 2 year terms. Congress was never supposed to be a career, Representatives were meant to serve a couple of months a year then return to their permanent jobs. Thus being close to their constituents.
Abolish the 17th amendment. Revert Senators back to being appointed by the States and not popular election, and can serve no longer than 6 years. The senate was meant to be the states voice in the federal government. The house of reps is the peoples voice.
Abolish the 16th amendment. Federal Reserve and the income tax. This is the corner stone of an overreaching government. Once they were allowed to steal from our paychecks they gained immense power.
Abolish the current Congressional pay scheme. Their pay, benefits and retirement are the sole responsibility of the state that appointed them. Congress is so out of touch with the people now, and are getting rich from their positions, while getting a golden retirement and health benefits. By making their compensation the purview of the state they reside, it takes away Congress’ ability to write their own checks with our money.
Create flat tax and balanced budget amendment. The flat tax cannot exceed 18% of the previous years GDP. Congress can, by ¾ vote, increase tax rate by as much as 5% for 3 months at a time. Congress can, by ¾ vote during times of state of emergency or declaration of war, borrow money for the purpose of funding war, or assisting the state of emergency, but that loan must be repaid in 2 years from date of loan.
Mike Frank, 11 years ago
Mr. Goldman
If you read the second amendment; “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”, and take into account the last 4 words of that statement, then every law restricting firearms is an infringement and as such would be unconstitutional.
To correct this, only one short piece of legislation is needed, just revoke every gun law on the books.
The founders believed that everyone should be armed at all times, and have access to the same arms as the military, and we know this because many founders have said so in their many writings. Franklin, Madison, Washington, et al.
So to answer your question as to which laws violate the second amendment? All of them.
Mike Frank, 11 years ago
1. Texas should be a constitutional carry state.
2. Firearms should be permitted on all government and public lands. Privately held lands should be up to the property owner.
3. Any firearms class should only be available with Parental consent, and paid for by the consenting parents, not out of the schools budget.
4. Basically, no. Private business should be able to do what they please with their own property. Just make sure they are using proper signage acknowledging their desire to keep firearms off their property. It is up to the individual to decide to frequent those establishments that wish to be firearm free.