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Bang / Guns
See other Bang / Guns Articles

Title: Trump Announces He’s a Few Weeks From Banning Bump Stocks
Source: From The Trenches/10th Amendment Center
URL Source: http://fromthetrenchesworldreport.c ... rom-banning-bump-stocks/235057
Published: Oct 19, 2018
Author: Joe Wolverton, II
Post Date: 2018-10-20 14:17:05 by Deckard
Keywords: None
Views: 761
Comments: 144

Tenth Amendment Center – by Joe Wolverton, II

President Donald Trump promises that he is “just a few weeks” from issuing regulations that would outlaw bump fire stocks.

“We’re knocking out bump stocks,” Trump said at a White House news conference on October 1. “We’re in the final two or three weeks, and I’ll be able to write out bump stocks.”  

This Republican president’s promise to “write out” bump fire stocks sounds suspiciously like his Democratic predecessor’s claim to possess the power to use his phone and pen to make law.

“I’ve got a pen and I’ve got a phone,” Barack Obama proclaimed in 2014. “And I can use that pen to sign executive orders and take executive actions and administrative actions,” he added.

This two-party, one policy situation is decades old. Regarding the presidential penchant for disarming the American people, I am reminded of a story I wrote in January 2014:

“In an executive ‘Fact Sheet’ issued January 3 by the White House, the president purports to establish new guidelines for “keep[ing] Guns out of Potentially Dangerous Hands.”

NOTE: Originally published at The New American Magazine and reposted here with permission from the author.

The next paragraph of that story can now be applied to both President Obama and President Trump:

“What President Obama — a former part-time law professor — seems not to understand is that every time he issues some executive order, presidential finding, or ‘fact sheet,’ he is exceeding the constitutional limits on his power and thereby violating his oath of office.”

All you need to do is change the last name of the president and change the words “fact sheet” to “memorandum” and the story is no different.

President Trump is exercising that same unconstitutional “authority” to infringe significantly on the rights protected by the Second Amendment, specifically, the right to “keep and bear arms.”

Trump’s attack on the Second Amendment in the form of banning bump fire stocks should come as no surprise.

In fact, back in February the president issued an official memorandum ordering the Department of Justice “to dedicate all available resources to complete the review of the comments received, and, as expeditiously as possible, to propose for notice and comment a rule banning all devices that turn legal weapons into machineguns.” Lest there be any misunderstanding, the memo identifies the device in question as “bump fire stocks and similar devices.”

For those of you counting on the National Rifle Association (NRA) to come to the defense of the Second Amendment, you probably don’t want to read any further.

The NRA released the following statement regarding federal regulation of bump fire stocks:

The NRA believes that devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations.

So, no help from the NRA for Americans who believed the group to be defenders of the Second Amendment.

Of course, such a statement isn’t surprising considering that the very same press release reveals that the NRA doesn’t understand the purpose of the Second Amendment.

“In an increasingly dangerous world, the NRA remains focused on our mission: strengthening Americans’ Second Amendment freedom to defend themselves, their families and their communities,” the statement reads.

Wrong.

Our Founding Fathers were not concerned about protecting a man’s right to keep his home and family safe from “danger.” Our Founding Fathers protected the individual’s right to keep and bear arms because they knew that such was the only way to avoid being enslaved by tyrants.

They knew from their study of history that a tyrant’s first move was always to disarm the people, and generally to claim it was for their safety, and to establish a standing army so as to convince the people that they didn’t need arms to protect themselves, for the tyrant and his professional soldiers would do it for them. Sound familiar?

Consider this gem from William Blackstone, a man of immense and undeniable influence on the Founders and their understanding of rights, civil and natural.

In Volume I of his Commentaries on the Laws of England, Blackstone declares “the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.”

Would anyone in America — or the world, for that matter — argue that the “sanctions of society and laws” are sufficient to “restrain violence” or oppression?

Thus, the people must be armed.

Commenting on Blackstone’s Commentaries, eminent Founding Era jurist and constitutional scholar St. George Tucker put a finer point on the purpose of protecting the natural right of all people to keep and bear arms. He wrote:

This may be considered as the true palladium of liberty…. The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.

Enough said.

As for President Trump, he has done many things consistent with his solemn oath to preserve, protect, and defend the Constitution. His issuing of a regulation to shrink the scope of the Second Amendment is not one of them, however.

It’s this easy: Article I, Section 1 of the Constitution grants federal lawmaking power exclusively to the Congress.

Regardless of the word he uses to describe it, any time the president orders the executive branch to create law by executive decree, he is usurping the authority of the legislature.

Finally, in his memo, President Trump writes that he was motivated to begin the process of banning bump fire stocks “after the deadly mass murder in Las Vegas, Nevada, on October 1, 2017.”

No matter how many people are clamoring for protection, no matter how many madmen go on murderous sprees, the president is not constitutionally authorized to take “executive actions” that encroach upon rights protected by the Constitution — in this case, the right of the people to keep and bear arms.

Apart from his work as a journalist, Joe Wolverton, II is a professor of American Government at Chattanooga State and was a practicing attorney until 2009. He lives in Chattanooga, Tennessee. Since 2000, Joe has been a featured contributor to The New American magazine. Most recently, he has written a cover story article on the Tea Party movement, as well as a five-part series on the unconstitutionality of Obamacare.

Tenth Amendment Center

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#1. To: Deckard, NRA, David Hogg values, Take the Guns First, *Bang List* (#0)

The NRA released the following statement regarding federal regulation of bump fire stocks:

The NRA believes that devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations.

Trump's fist "gun control" victory was getting the NRA/GOP to drop the Hearing Protection/Gun Silencer infringement repeal legislation, which was about to pass in the HOR. David Hogg and The Donald are now working on more 2A infringements. "Take the guns" is their creed.


David Hogg values


Trump White House Punts on Gun Silencer Bill

The legislation had progressed through the House prior to the Las Vegas shooting. But has stalled since. Leadership has no immediate plans to vote on the legislation, Speaker Paul Ryan (R-WI) said on Tuesday. “That bill is not scheduled now; I don’t know when it’s going to be scheduled,” Ryan told reporters. “Right now we’re focused on passing our budget.”

With the White House not publicly pushing the measure, the timeline for its consideration becomes less clear. President Donald Trump himself said on Tuesday, before departing to his visit to storm-ravaged Puerto Rico, that “we’ll be talking about gun laws as time goes by,” without specifying a time. Trump is scheduled to visit Las Vegas on Wednesday.

The White House comms shop did not immediately respond to a request for comment on this story.

Sources close to the president say that it is possible that he eventually comes out against, or at least does not explicitly support, the silencer bill, as a way of demonstrating independence on the gun policy in the wake of the Las Vegas massacre. Were he to do so, it would be an explicit break from his eldest son, who has been a top ally of business interests pushing the legislation.

“I love your product,” Donald Trump Jr. said in a promotional video for SilencerCo in September 2016. “It’s just a great instrument. There’s nothing bad about it at all. It makes total sense. It’s where we should be going."

Trump Jr. added that they could even help get “little kids into the game” of hunting.


hondo68  posted on  2018-10-20   15:23:25 ET  (1 image) Reply   Trace   Private Reply  


#2. To: hondo68 (#1)

Like many, I am disappointed in Trumps 2nd Amend stance!

Personally, I have no interest in the bump stocks ! But I would like to see the sound suppressors deregulated !!!

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

"No one ever rescues an old dog. They lay in a cage until they die. PLEASE save one. None of us wants to die cold and alone... --Dennis Olson "

AMERICA! Designed by geniuses. Now run by idiots.

Stoner  posted on  2018-10-20   16:00:11 ET  Reply   Trace   Private Reply  


#3. To: hondo68 (#1)

The trojan liberal poodle doing what he does.

VxH  posted on  2018-10-20   16:27:16 ET  Reply   Trace   Private Reply  


#4. To: hondo68 (#1)

“Bump stocks” aren’t constitutionally protected any more than heroin is, dumb shit.

So your stupid meme showing Trump saying “The sencond amendment is under attack”... is YELLA propaganda.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2018-10-20   16:37:29 ET  Reply   Trace   Private Reply  


#5. To: GrandIsland, NY liberal propagandist (#4)

“Bump stocks” aren’t constitutionally protected any more than heroin is, dumb shit.

Says the NY libtard canary.


hondo68  posted on  2018-10-20   16:46:18 ET  Reply   Trace   Private Reply  


#6. To: Deckard (#0)

President Donald Trump promises that he is “just a few weeks” from issuing regulations that would outlaw bump fire stocks.

I honestly couldn't care less. Wouldn't have one if you gave it to me. I worship at the feet of accuracy,not mass firepower.

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-10-20   16:53:45 ET  Reply   Trace   Private Reply  


#7. To: Stoner (#2)

Like many, I am disappointed in Trumps 2nd Amend stance!

Personally, I have no interest in the bump stocks ! But I would like to see the sound suppressors deregulated !!!

I'm with ya on both,but it's several decades too late to save my hearing.

I STRONGLY suspect Trump will do the right thing on suppressors,but will wait until after the mid-term elections are over to even whisper about it.

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-10-20   16:55:55 ET  Reply   Trace   Private Reply  


#8. To: GrandIsland (#4)

Bump stocks” aren’t constitutionally protected any more than heroin is, dumb shit.

I bet you have one though,don't you?

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-10-20   16:56:39 ET  Reply   Trace   Private Reply  


#9. To: sneakypete (#8) (Edited)

I bet you have one though

Actually, I don’t. I personally feel banning them is as fruitless as installing a screen door on a submarine. But my point was valid... the problem isn’t that bump stocks are banned because they aren’t a fucking right to possess. The problem is the assholes that get indoctrinated to allow this to happen OR HAVE TO HAPPEN. Those sheep are your American PEERS.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2018-10-20   17:36:13 ET  Reply   Trace   Private Reply  


#10. To: GrandIsland, hondo68 (#4) (Edited)

“Bump stocks” aren’t constitutionally protected

Huh? What part of "shall not be infringed" do you not comprehend?

Anyways, it's always hilarious watching the rampant hypocrisy of Trump cultists on full display.

This Republican president’s promise to “write out” bump fire stocks sounds suspiciously like his Democratic predecessor’s claim to possess the power to use his phone and pen to make law.

“I’ve got a pen and I’ve got a phone,” Barack Obama proclaimed in 2014. “And I can use that pen to sign executive orders and take executive actions and administrative actions,” he added.

If Obama had taken steps to ban bump-stocks, you would have screamed bloody murder.

Trump does it and he's "Making America Great Again".

“Truth is treason in the empire of lies.” - Ron Paul

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2018-10-20   18:57:53 ET  Reply   Trace   Private Reply  


#11. To: Deckard (#10)

Huh? What part of "shall not be infringed" do you not comprehend?

A bump stock is not a firearm. Dumb shit.

lol

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2018-10-20   19:11:57 ET  Reply   Trace   Private Reply  


#12. To: GrandIsland (#9)

Actually, I don’t. I personally feel banning them is as fruitless as installing a screen door on a submarine.

I actually agree with you on that. In fact,if someone is shooting at me with an AR,I hope they are using a bump stock because the chances are much higher that I won't get hit.

I am sure there is something I hate more than an inaccurate weapon,but I am having trouble thinking of it right at this moment.

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-10-20   19:50:31 ET  Reply   Trace   Private Reply  


#13. To: Deckard (#10)

Huh? What part of "shall not be infringed" do you not comprehend?

It's not a firearm. It's a freaking butt stock.

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-10-20   19:51:31 ET  Reply   Trace   Private Reply  


#14. To: Deckard (#0)

Our Founding Fathers were not concerned about protecting a man’s right to keep his home and family safe from “danger.” Our Founding Fathers protected the individual’s right to keep and bear arms because they knew that such was the only way to avoid being enslaved by tyrants.

They knew from their study of history that a tyrant’s first move was always to disarm the people, and generally to claim it was for their safety, and to establish a standing army so as to convince the people that they didn’t need arms to protect themselves, for the tyrant and his professional soldiers would do it for them. Sound familiar?

Consider this gem from William Blackstone, a man of immense and undeniable influence on the Founders and their understanding of rights, civil and natural.

In Volume I of his Commentaries on the Laws of England, Blackstone declares “the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.”

The English common law right of self-defense was not a right of communal defense against the dark overlords. The right to keep and bear arms in the U.S. Constitution carried forth the English common law right to keep and bear arms which was applicable to the colonists as subjects of the King of England.

The author could have quoted Blackstone directly on point, but he does not like what it says:

http://avalon.law.yale.edu/18th_century/blackstone_bk1ch1.asp

Blackstone's Commentaries on the Laws of England

Book the First - Chapter the First: Of the Absolute Rights of Individuals (1765)

5. THE fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute 1 W. & M. ft. 2. c. 2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.

The common law right to keep and bear arms applied to arms "such as are allowed by law" and "under due restrictions." This RKBA was carried forth by the colonies into the Constitution.

"Due restrictions" may include bump stocks.

nolu chan  posted on  2018-10-20   20:39:07 ET  Reply   Trace   Private Reply  


#15. To: Deckard, GrandIsland (#10)

[Deckard #10] Huh? What part of "shall not be infringed" do you not comprehend?

What part of the defined "right" in "the right to keep and bear arms" do you not understand. The right applies only to arms "such as are allowed by law" and "under due restrictions." Your misunderstanding is not of "shall not be infringed" but your willful misunderstanding of the right itself, and its inherent limitations.

nolu chan  posted on  2018-10-20   20:41:41 ET  Reply   Trace   Private Reply  


#16. To: nolu chan, Hogg bros, Fire Island (#15)

The right applies only to arms "such as are allowed by law" and "under due restrictions."

You Hogg bro canaries are clueless.


hondo68  posted on  2018-10-20   21:20:31 ET  (1 image) Reply   Trace   Private Reply  


#17. To: nolu chan (#15) (Edited)

Dicktard knows better. He’s painted himself in a corner with all his yella bullshit and he has no choice but to say stupid shit or hypocritical shit. He chooses stupid.

lol

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2018-10-20   22:00:02 ET  Reply   Trace   Private Reply  


#18. To: nolu chan, GrandIsland, hondo68 (#15)

The right applies only to arms "such as are allowed by law" and "under due restrictions."

A ban on bump-stocks is clearly as unconstitutional as the ban on "assault rifles".

Wanna bet Trump the gun-grabber goes after them before his term is up?

“Truth is treason in the empire of lies.” - Ron Paul

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2018-10-20   22:41:56 ET  Reply   Trace   Private Reply  


#19. To: Deckard (#18)

A ban on bump-stocks is clearly as unconstitutional as the ban on "assault rifles".

This is why LITTLE PEOPLE, like you, have no importance. You’re an idiot... and have no business deciding what’s constitutional and what’s not.

Your post is the dumbest shit I think I’ve ever read on ANY political forum.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2018-10-20   22:48:31 ET  Reply   Trace   Private Reply  


#20. To: GrandIsland (#19)

Your post is the dumbest shit

How ironic coming from a former cop with a room-temperature IQ.

Eat a buffet of dicks princess.

“Truth is treason in the empire of lies.” - Ron Paul

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2018-10-20   23:09:15 ET  Reply   Trace   Private Reply  


#21. To: Deckard (#18)

A ban on bump-stocks is clearly as unconstitutional as the ban on "assault rifles".

Most people think that a stock is an essential part of a rifle. It's like saying that you can only have a trigger that fires once every minute.

Nanny state Infringements!


hondo68  posted on  2018-10-20   23:16:31 ET  (1 image) Reply   Trace   Private Reply  


#22. To: hondo68 (#21)

Nanny state Infringements!

Trump cultists don't care as long as it's "their boy" doing the infringing.

“Truth is treason in the empire of lies.” - Ron Paul

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2018-10-20   23:29:55 ET  Reply   Trace   Private Reply  


#23. To: Deckard (#0)

Commenting on Blackstone’s Commentaries, eminent Founding Era jurist and constitutional scholar St. George Tucker put a finer point on the purpose of protecting the natural right of all people to keep and bear arms. He wrote:

This may be considered as the true palladium of liberty…. The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.

Enough said.

Blackstone's Commentaries: With Notes of Reference, to the Constitution and Laws, of the Federal Government of the United States; And of the Commonwealth of Virginia, by St. George Tucker (Philadelphia: Published by William Young Birch and Abraham Small, Robert Carr, Printer, 1803) is a five (5) volume work. All praise to the author for avoiding any citation to the title or a volume, must less a section or page, or a link to an online copy.

http://www.constitution.org/tb/t1d12000.htm

Tucker's Blackstone, Volume 1, Appendix, NOTE D, Section 12, Restraints on Powers of Congress

8. 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. Amendments to C. U. S. Art. 4.

This may be considered as the true palladium of liberty .... The right of self defence is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction. In England, the people have been disarmed, generally, under the specious pretext of preserving the game: a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes.

True it is, their bill of rights seems at first view to counteract this policy: but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game. So that not one man in five hundred can keep a gun in his house without being subject to a penalty.

http://www.constitution.org/tb/tb-0000.htm

Tucker's Blackstone, Volume 1, Appendix, NOTE C, Of the Constitution of Virginia

The imbecility of an executive, possessing no independent authority with respect to the public force, must in time of war, or danger, place it under the immediate direction of the legislature, which is thus transformed into a numerous executive council, annually elected. The incapacity of such a body to concert and conduct uniform measures, for such active operations as may be required for the defence of the state, is self-evident to every man of the least discernment. Nothing short of omniscience could prepare the members, before the time of assembling, to act according to the existing state of things; either the time must be lost in acquiring the necessary knowledge of these things, or ignorance, faction, and intrigue, will disconcert every measure that maybe proposed. A state thus governed would equally be exposed to internal convulsions, and to foreign insult or dominion. The expectation of forming an immediate and effectual federal government of the states, probably occasioned much of this inattention to the structure of the government so far as relates to its foreign concerns. The danger arising from this circumstance is strongly depicted by Mr. Jefferson. Every man must shudder with horror at the proposal which he mentions of making a dictator: had the legislature done so, the executive in all probability must have submitted without a struggle; and the opposition of the judiciary to such an authority must have been equally ineffectual. Inter arma silent leges, is a maxim which will ever be peculiarly applicable to that department, though in time of peace it may be regarded as the palladium of genuine liberty. Happily for us, many of the inconveniences which might have been apprehended in Virginia as a sovereign state, unconnected with any other, are now in a great measure remedied by the adoption of the federal constitution, by which all those objects which respect other nations or states, are consigned to the care, attention, and regulation of the federal government; whilst those which respect the domestic happiness, interest, and advancement of the state, its internal economy, peace, and good order, form an ample field for the wisdom and patriotism of the state-legislature to exert themselves, without hazarding, as we may reasonably hope, a repetition of those dangers to which a constitution formed without a precedent, and without experience to guide its framers, at first exposed us.

In the draught for a constitution of this state, prepared by Mr. Jefferson, there is an excellent delineation of the powers and duties which should be assigned to the governor, and council respectively; and with recommending it to the very attentive perusal of the student, I shall conclude my remarks on this part of the constitution.

http://www.constitution.org/tb/t1d16000.htm

Tucker's Blackstone, Volume 1 — Appendix, Note D, Section 16 - Judicial Powers.

If we consider the nature of the judicial authority, and the manner in which it operates, we shall discover that it cannot, of itself, oppress any individual; for the executive authority must lend it's aid in every instance where oppression can ensue from it's decisions: whilst on the contrary, it's decisions in favour of the citizen are carried into instantaneous effect, by delivering him from the custody and restraint of the executive officer, the moment that an acquittal is pronounced. And herein consists one of the great excellencies of our constitution: that no individual can be oppressed whilst this branch of the government remains independent, and uncorrupted; it being a necessary check upon the encroachments, or usurpations of power, by either of the other. Thus, if the legislature should pass a law dangerous to the liberties of the people, the judiciary are bound to pronounce, not only whether the party accused hath been guilty of any violation of it, but whether such a law be permitted by the constitution. If, for example, a law be passed by congress, prohibiting the free exercise of religion, according to the dictates, or persuasions of a man's own conscience or abridging the freedom of speech, or of the press; or the right of the people to assemble peaceably, or to keep and bear arms; it would, in any of these cases, be the province of the judiciary to pronounce whether any such act were constitutional, or not; and if not, to acquit the accused from any penalty which might be annexed to the breach of such unconstitutional act. If an individual be persecuted by the executive authority, (as if any alien, the subject of a nation with whom the United States were at that time at peace, had been imprisoned by order of the president under the authority of the alien act, 5 Cong. c. 75) it is then the province of the judiciary to decide whether there be any law that authorises the proceedings against him, and if there be none, to acquit him, not only of the present, but of all future prosecutions for the same cause: or if there be, then to examine it's validity under the constitution, as before-mentioned. The power of pardon, which is vested in the executive, in it's turn, constitutes a proper check upon the too great rigor, or abuse of power in the judiciary department. On this circumstance, however, no great stress ought to be laid; since in criminal prosecutions, the executive is in the eye of the law, always plaintiff; and where the prosecution is carried on by it's direction, the purity of the judiciary is the only security for the rights of the citizen. The judiciary, therefore, is that department of the government to whom the protection of the rights of the individual is by the constitution especially confided, interposing it's shield between him and the sword of usurped authority, the darts of oppression, and the shafts of faction and violence.

In interpreting the U.S. Constitution, one may not ignore the English common law that was brought over to the colonies and "remained in full force therein, until repealed, altered, or amended by the legislative authority of the colonies, respectively; or by the constitutional acts of the same, when they became sovereign and independent states."

http://www.constitution.org/tb/t1e.htm

Tucker's Blackstone, Volume 1 — Appendix, Note E, Of The Unwritten, or Common Law of England and Its Introduction Into, and Authority Within the United American States

From the whole of the preceding examination, we may deduce the following conclusions:

First .... That the common law of England, and every statute of that kingdom, made for the security of the life, liberty, or property of the subject, before the settlement of the British colonies, respectively, so far as the same were applicable to the nature of their situation and circumstances, respectively, were brought over to America, by the first settlers of the colonies, respectively; and remained in full force therein, until repealed, altered, or amended by the legislative authority of the colonies, respectively; or by the constitutional acts of the same, when they became sovereign and independent states.

Secondly .... That neither the common law of England, nor the statutes of that kingdom, were, at any period antecedent to the revolution, the general and uniform law of the land in the British colonies, now constituting the United States.

Thirdly .... That as the adoption or rejection of the common law and statutes of England, or any part thereof, in one colony, could not have any operation or effect in another colony, possessing a constitutional legislature of it's own; so neither could the adoption or rejection thereof by the constitutional, or legislative act of one sovereign and independent state, have any operation or effect in another sovereign independent state; because every such state hath an exclusive right to be governed by it's own laws only.

Fourthly .... Therefore the authority and obligation of the common law and statutes of England, as such in the American states, must depend solely upon the constitutional or legislative authority of each state, respectively; as contained in their several bills of rights, constitutions, and legislative declarations .... which, being different in different states, and. wholly independent of each other, cannot establish any uniform law, or rule of obligation in all the states.

Fifthly .... That neither the articles of confederation and perpetual union, nor, the present constitution of the United States, ever did, or do, authorize the federal government, or any department thereof, to declare the common law or statutes of England, or of any other nation, to be the law of the land in the United States, generally, as one nation; nor to legislate upon, or exercise jurisdiction in, any case of municipal law, not delegated to the United States by the constitution.

nolu chan  posted on  2018-10-20   23:56:29 ET  Reply   Trace   Private Reply  


#24. To: GrandIsland, Deckard (#19)

That's what the article source, St. George Tucker wrote in 1803 as actually linked, cited and quoted in my #23.

If, for example, a law be passed by congress, prohibiting the free exercise of religion, according to the dictates, or persuasions of a man's own conscience or abridging the freedom of speech, or of the press; or the right of the people to assemble peaceably, or to keep and bear arms; it would, in any of these cases, be the province of the judiciary to pronounce whether any such act were constitutional, or not; and if not, to acquit the accused from any penalty which might be annexed to the breach of such unconstitutional act.

This is where they summon from the ether that the Court only issues opinions that are not binding and may be ignored.

nolu chan  posted on  2018-10-21   0:09:04 ET  Reply   Trace   Private Reply  


#25. To: hondo68, Deckard (#21)

She is neither a student or faculty member, but a visitor. It is legal for a visitor to open carry on the Kent State campus under Ohio state law.

nolu chan  posted on  2018-10-21   0:22:37 ET  Reply   Trace   Private Reply  


#26. To: nolu chan, new and improved Kent State, Molon Labe (#25) (Edited)

open carry on the Kent State campus

Not on her watch, Donnell and David Hogg's goons don't stand a chance at the new and improved Kent State.

Gun girl has put the fear of God into the Trump/Hogg gun grabbers


hondo68  posted on  2018-10-21   0:46:52 ET  (1 image) Reply   Trace   Private Reply  


#27. To: hondo68 (#16)

Hondope and partner prom pic on twitter. How sweet.

https://twitter.com/cameron_kasky/status/988454056615202817

Cameron Kasky
@cameron_kasky

Prom 2018
9:26 AM - 23 Apr 2018

It looks like your inner yukon snuck out of the closet again.

nolu chan  posted on  2018-10-21   1:01:37 ET  Reply   Trace   Private Reply  


#28. To: hondo68 (#26)

Not on her watch, Donnell and David Hogg's goons don't stand a chance at the new and improved Kent State.

She is not a student or faculty at Kent State. She can lawfully open carry on campus per Ohio law. She is a visitor and does not fall under the Board of Trustees' policy statement: "The policy provides a declaration by the Board that deadly weapons are prohibited on all university grounds, unless otherwise permitted by Ohio law."

nolu chan  posted on  2018-10-21   1:07:29 ET  Reply   Trace   Private Reply  


#29. To: Deckard, hondo68 (#22)

Trump cultists don't care as long as it's "their boy" doing the infringing.

Beautiful plumage the poodle's tailors wove him ehh?

VxH  posted on  2018-10-21   1:56:47 ET  (1 image) Reply   Trace   Private Reply  


#30. To: Stoner (#2)

Deregulate suppressors and regulate (not ban) bump stocks. Fair trade.

misterwhite  posted on  2018-10-21   10:10:38 ET  Reply   Trace   Private Reply  


#31. To: sneakypete (#7)

" it's several decades too late to save my hearing. "

I am with you on that. I use to laugh at people that used ear plugs shooting 22's. No more. I do the same now. Abused myself too much when I was younger !!

Now I wear them even when using 22's. Hearing is bad now, just do not want it to deteriorate further.

Wife says if I get any worse, she will have to get one of those battery bull horns. I said " Huh " LOL !!!

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

"No one ever rescues an old dog. They lay in a cage until they die. PLEASE save one. None of us wants to die cold and alone... --Dennis Olson "

AMERICA! Designed by geniuses. Now run by idiots.

Stoner  posted on  2018-10-21   11:58:30 ET  Reply   Trace   Private Reply  


#32. To: VxH (#29)

- - - - - - - - - -

The Great, the Magnificient President Donald J. Trump

nolu chan  posted on  2018-10-21   13:08:19 ET  (2 images) Reply   Trace   Private Reply  


#33. To: nolu chan, Dan Rather team, Hogg Bros (#32)

Dan Rather (3rd from left) hosts a SiriusXM Roundtable Special Event with Parkland, Florida, Marjory Stoneman Douglas High School Students and activists (L-R) Alex Wind, Emma Gonzalez, David Hogg, Cameron Kasky, and Jaclyn Corin at SiriusXM Studio on March 23, 2018 in Washington, DC.


hondo68  posted on  2018-10-21   13:45:14 ET  (1 image) Reply   Trace   Private Reply  


#34. To: hondo68 (#33)

nolu chan  posted on  2018-10-21   15:04:28 ET  (1 image) Reply   Trace   Private Reply  


#35. To: hondo68 (#26)

I probably have a similar look on my face when I look at her too,but for different reasons. Mine is related to the sudden loss of blood pressure to the brain.

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-10-21   19:35:02 ET  Reply   Trace   Private Reply  


#36. To: Deckard (#0)

Bump stocks effectively turn a semi-automatic weapon into an automatic weapon. Machine guns have been illegal since the 1920s. A clever person found a clever way to make a machine gun. Of course that can be regulated to nothing.

Vicomte13  posted on  2018-10-21   20:26:12 ET  Reply   Trace   Private Reply  


#37. To: Vicomte13, Full Auto is legal (#36) (Edited)

Machine guns have been illegal since the 1920s

That's incorrect, there are many firing full auto at Knob Creek and elsewhere.

NFA '34 levied a $200 tax stamp on them. There are many machine guns in private hands, "legally".

Canadian Senator goes full auto, legally....


hondo68  posted on  2018-10-21   20:43:05 ET  Reply   Trace   Private Reply  


#38. To: hondo68 (#37)

Yes, ok, there are machine guns in private hands. But they are tightly regulated. It is difficult to get a legal automatic weapon.

As a society, we have drawn the line at automatic weapons. You can have semi-automatic weapons, but full automatics are difficult to come by legally, and buying one requires a lot of extra steps.

This seems like a reasonable place to draw the line. In a similar vein, I don't mind if airplane aficionados buy and fly World War II bombers. I do mind if they are able to arm them with bombs.

Vicomte13  posted on  2018-10-21   20:47:55 ET  Reply   Trace   Private Reply  


#39. To: Vicomte13, hates us because we are free, wanabe tyrant (#38)

I do mind if they are able to arm them with bombs.

You hate us because we're free. Trump will sell anything to the Saudi's, but US citizens have infringements.

Well ya, Joe Sixpack doesn't have $110 Billion to spend on arms. Not Saudi Prince's, so we're screwed.


hondo68  posted on  2018-10-21   21:12:21 ET  Reply   Trace   Private Reply  


#40. To: hondo68 (#39)

Do you have a job Hondo? Minimum wage? Welfare?

A K A Stone  posted on  2018-10-21   21:16:55 ET  Reply   Trace   Private Reply  



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