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Old 02-26-2013, 11:24 AM   #11
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I don't really believe it will be a issue of whether or not cc is constitutional but rather whether cc is legal under 2a which would mean it would be legal throughout the nation, the challenge comes from a WA resident who applied for a CO cc permit and was denied as CO only issues to residents so he challenged based on 2A. I think the court will say States have the ability to decide, as it is now, not say CC is illegal.
Rog that, thanks for clarifying.
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Old 02-26-2013, 01:17 PM   #12
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Rog that, thanks for clarifying.


There is nothing in the Constitution that could possibly strike down CC. That is not a concern.

My concern is that the 2A says "keep and bear arms. There is no specificity con chow that right is to be exercised. If they read that literally, and factor in the 10A, the SCOTUS will probably rule that the 2A protection is satisfied if a "reasonable, prudent man" is allowed to obtain a permit to carry without undue burden.

I doubt that they will address the issue of open v concealed.
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Old 02-26-2013, 01:59 PM   #13
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This is proper purview of the USSC. To settle differences between various lower Federal Courts, to make the law uniform and apply equally to all. Some would question why the Feds have any business in such an issue and argue it is a "State's rights" issue. Probably the only time in history NY will argue FOR the 10th Amendment

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Old 02-26-2013, 02:28 PM   #14
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This is proper purview of the USSC. To settle differences between various lower Federal Courts, to make the law uniform and apply equally to all. Some would question why the Feds have any business in such an issue and argue it is a "State's rights" issue. Probably the only time in history NY will argue FOR the 10th Amendment
Valid points, all.

But the SCOTUS has traditionally ruled that individual constitutional rights trump states rights.

The guarantees of the 2A for all citizens must be preserved even if that means SCOTUS overriding state laws.
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Old 02-26-2013, 03:53 PM   #15
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The only real problem is NO COURT has the authority to decide which right we wish to exercise, only "WE THE PEOPLE" do!!!!
And CC is a right, not privilege!
This has NOTHING to do with states rights.

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Old 02-26-2013, 04:05 PM   #16
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The only real problem is NO COURT has the authority to decide which right we wish to exercise, only "WE THE PEOPLE" do!!!!
And CC is a right, not privilege!
This has NOTHING to do with states rights.


Jim, the right to carry, or BEAR is a "right.' The right to "conceal" is not covered by the constitution.

And if you believe in the constitution, it very clearly appoints the SCOTUS, not the people as the final arbiter of the constitution.

A nation of laws, not of men, puts the law above the popular sentiment.

And the SCOTUS is the final arbiter of those laws.

WE THE PEOPLE is in the Declaration of Independence, not the constitution.
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Old 02-26-2013, 04:54 PM   #17
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Originally Posted by locutus

Jim, the right to carry, or BEAR is a "right.' The right to "conceal" is not covered by the constitution.

And if you believe in the constitution, it very clearly appoints the SCOTUS, not the people as the final arbiter of the constitution.

A nation of laws, not of men, puts the law above the popular sentiment.

And the SCOTUS is the final arbiter of those laws.

WE THE PEOPLE is in the Declaration of Independence, not the constitution.
All true. I will add that the job of SCOTUS is also to ensure that laws do not infringe on the rights of We The People. To that end they weigh the Constitutional authority granted to government against the power assumed by government under the rule of law.
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Old 02-26-2013, 05:15 PM   #18
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All true. I will add that the job of SCOTUS is also to ensure that laws do not infringe on the rights of We The People. To that end they weigh the Constitutional authority granted to government against the power assumed by government under the rule of law.
That's how it's supposed to work. Sadly, the Supremes more often make law rather than interpret it. It's the same for lower courts.
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Old 02-26-2013, 05:26 PM   #19
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That's how it's supposed to work. Sadly, the Supremes more often make law rather than interpret it. It's the same for lower courts.
That's true.

But the only way to legally change that is to elect presidents that will appoint conservative "strict constructionists" to the bench
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Old 02-26-2013, 07:34 PM   #20
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Originally Posted by locutus View Post
Jim, the right to carry, or BEAR is a "right.' The right to "conceal" is not covered by the constitution.

And if you believe in the constitution, it very clearly appoints the SCOTUS, not the people as the final arbiter of the constitution.

A nation of laws, not of men, puts the law above the popular sentiment.

And the SCOTUS is the final arbiter of those laws.

WE THE PEOPLE is in the Declaration of Independence, not the constitution.
I would have to disagree with you on this one. The 2nd says 'bear' which means 'carry'. How I elect to carry it is no business of the government!
NO COURT HAS A FINAL SAY! If so there would not have been a revolution!
The courts are part of the government and are subject to the same corruption as the rest of the government, which is obvious if you see there finding about the 2nd Amendment!
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