armedandsafe
06-30-2010, 05:16 PM
Just a snip from the synopsis of the ruling. I find this very interesting, in light of on-going efforts to restrict the peasantry from being armed.
But the Fourteenth Amendment’s Due Process Clause, which speaks only to “process,” cannot impose the type of substantive restraint on state legislation that the Court asserts. Rather, the right to keep and bear arms is enforceable against the States because it is a privilege of American citizenship recognized by §1 of the Fourteenth Amendment, which provides, inter alia: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” In interpreting this language, it is important to recall that constitutional provisions are “ ‘written to be understood by the voters.’ ” Heller, 554 U. S., at ___. The objective of this inquiry is to discern what “ordinary citizens” at the time of the Fourteenth Amendment’s ratification would have understood that Amendment's Privileges or Immunities Clause to mean. Ibid. A survey of contemporary legal authorities plainly shows that, at that time, the ratifying public understood the Clause to protect constitutionally enumerated rights, including the right to keep and bear arms. Pp. 1–34.
Now, as I understand it, Priveleges and Immunities means that I am immune to restriction in my Right to Keep and Bear Arms. The Priveleges part does not apply to this, as a Right is not, by definition, a Privelege. (Marlin, I'd like your thoughts on this part.)
I think many who are disecting this decision and predicting what the effects on our society are missing is that this was not decided strictly on the Due Process clause. Were the Due Process clause the only basis for the decision, then any government entity would only have to apply processes so onerous that few, if any would be eligible or able to be armed. And then duely follow those processes and apply them equally to all citizens.
This is a BIG part of the decision, folks. Having the Priveleges and Immunities clause applied to the 2nd will be a tremendous help in future battles against the elites in our governments. This part of the decision will also make it easier to fight agencies which seek to impose regulations which restrict our Right to Keep and Bear arms.
This is GREAT!!!!!!
:yes::cheers::getem: (Where's my thumbup?)
Pops
But the Fourteenth Amendment’s Due Process Clause, which speaks only to “process,” cannot impose the type of substantive restraint on state legislation that the Court asserts. Rather, the right to keep and bear arms is enforceable against the States because it is a privilege of American citizenship recognized by §1 of the Fourteenth Amendment, which provides, inter alia: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” In interpreting this language, it is important to recall that constitutional provisions are “ ‘written to be understood by the voters.’ ” Heller, 554 U. S., at ___. The objective of this inquiry is to discern what “ordinary citizens” at the time of the Fourteenth Amendment’s ratification would have understood that Amendment's Privileges or Immunities Clause to mean. Ibid. A survey of contemporary legal authorities plainly shows that, at that time, the ratifying public understood the Clause to protect constitutionally enumerated rights, including the right to keep and bear arms. Pp. 1–34.
Now, as I understand it, Priveleges and Immunities means that I am immune to restriction in my Right to Keep and Bear Arms. The Priveleges part does not apply to this, as a Right is not, by definition, a Privelege. (Marlin, I'd like your thoughts on this part.)
I think many who are disecting this decision and predicting what the effects on our society are missing is that this was not decided strictly on the Due Process clause. Were the Due Process clause the only basis for the decision, then any government entity would only have to apply processes so onerous that few, if any would be eligible or able to be armed. And then duely follow those processes and apply them equally to all citizens.
This is a BIG part of the decision, folks. Having the Priveleges and Immunities clause applied to the 2nd will be a tremendous help in future battles against the elites in our governments. This part of the decision will also make it easier to fight agencies which seek to impose regulations which restrict our Right to Keep and Bear arms.
This is GREAT!!!!!!
:yes::cheers::getem: (Where's my thumbup?)
Pops