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Surf Fishing Guru

(115 posts)
31. Bluntly true . . .
Mon Mar 14, 2022, 05:57 PM
Mar 2022
jimmy the one said:

I have no idea what you are driving at, except maybe that you like stupid movies.



Just that if you are going to quote something from the US government's brief, at least make it something that the Court actually used, not something you imagine it used.


jimmy the one said:

The 1938 Dept of Justice provided the below amicus brief, citing adams, to the 1938/39 supreme court, which the court used as a basis in its ruling as presented in my previous posts. Thus the 1938/39 supreme court was bolstered by the amicus brief. Duh:



Again, how exactly did the Supreme Court use Adams as a "basis" in, and to "bolster" their Miller opinion?

The Court took no notice of the case, it included no reference to Adams as an authority in footnote 3 listing what the Court considered informative lower federal and state cases.

What the Solicitor General (and you) quote as the primary holding of Adams, that the 2ndA "refers to the militia, a protective force of government; to the collective body and not individual rights" does not appear in US v Miller (or any SCOTUS opinion).


jimmy the one said:

By a 5-4 margin was heller,



The 5-4 tally was to invalidate the DC statues; on the specific question of whether the 2ndA secures either a "collective right" or an "individual right", Heller was 9-0 for recognizing and securing an individual right. Haven't you ever read the Heller dissents?


jimmy the one said:

That bluntly, is fos.



No, it is absolutely is bluntly true. The rebel states justified their racially discriminatory laws forbidding Blacks to possess arms, on the fact that the federal Militia Act of 1792 only permitted "free white citizens" to enroll.

The many rebel states worded their constitution's right to arms as only being secured for whites (e.g., Aymette's quote of Antebellum Tennessee's provision) and there were state judicial decisions that held for that premise.

The premise died out after Reconstruction and those states with racially discriminatory language were forced to rework their RKBA provision to align with the non-discriminatory 2nd Amendment to gain readmission to the Union.

The discriminatory premise was resurrected in 1942 in Cases v US, to ignore SCOTUS and to condition the federal RKBA/2ndA for all US citizens, to just enrolled / active members of the militia.

Sorry, that's the real 18th & 19th Century history in the states and the 20th Century provenance in the federal system of your "militia right" theory.


Recommendations

0 members have recommended this reply (displayed in chronological order):

NEVER Going To Stop Guns In America SoCalDavidS Jan 2022 #1
Strange..............43 posts and I can see only 15 of them. oneshooter Mar 2022 #43
Huh? SoCalDavidS Mar 2022 #44
17 posts have been dropped. oneshooter Oct 2022 #45
Have added some folks to ignore? n/t discntnt_irny_srcsm Oct 2022 #46
I do not put people on ignore. oneshooter Oct 2022 #47
If you have an add blocker... discntnt_irny_srcsm Oct 2022 #48
Had Democrats not pushed for gun control so strongly over the last few decades, Dial H For Hero Jan 2022 #2
Am I the only one melm00se Jan 2022 #3
I see them all. discntnt_irny_srcsm Jan 2022 #4
Are they too small, or are you getting broken links? n/t krispos42 Jan 2022 #5
It might be because the picture links.. krispos42 Jan 2022 #6
broken links melm00se Jan 2022 #7
Deafening silence. krispos42 Jan 2022 #8
The antigun activists on this site haven't the faintest interest in debating facts. Dial H For Hero Jan 2022 #9
Yeah, well. I had a beaut of a response for you, and I chickened out. Paladin Jan 2022 #10
Intriguing reply indeed krispos42 Jan 2022 #11
shall issue ccw was not wanted in the first place jimmy the one Feb 2022 #12
Some of this is specious melm00se Mar 2022 #13
re: "Can something be made more illegal?" discntnt_irny_srcsm Mar 2022 #14
Like the log I heard some businesses make you do to log your work time? yagotme Mar 2022 #15
my unanimous decision trumps yours jimmy the one Mar 2022 #16
re: Miller... looking to move in standup comedy? n/t discntnt_irny_srcsm Mar 2022 #18
re: juvenile ad hominem jimmy the one Mar 2022 #19
Okay discntnt_irny_srcsm Mar 2022 #20
No one objected, because Miller was deceased, yagotme Mar 2022 #21
Re: "my unanimous decision trumps yours" Surf Fishing Guru Mar 2022 #22
1939 Miller decision, cont'd #1 jimmy the one Mar 2022 #23
RE: 1939 Miller decision, cont'd #1 Surf Fishing Guru Mar 2022 #28
weasel words jimmy the one Mar 2022 #29
That sounds like confession by projection from you. Surf Fishing Guru Mar 2022 #32
prior state's right to bear arms decrees circa 1776 jimmy the one Mar 2022 #24
RE: State RKBA provisions Surf Fishing Guru Mar 2022 #30
bluntly speaking jimmy the one Mar 2022 #25
Bluntly true . . . Surf Fishing Guru Mar 2022 #31
provide links or excerpts for 'dissents' jimmy the one Mar 2022 #33
You couldn't have read the dissents . . . Surf Fishing Guru Mar 2022 #34
You can read but you cannot comprehend much jimmy the one Mar 2022 #35
That's some inventive reading . . . Surf Fishing Guru Mar 2022 #36
SUDDENLY, an excoriation jimmy the one Mar 2022 #37
Take a breath, calm down . . . Surf Fishing Guru Mar 2022 #38
Post removed Post removed Mar 2022 #40
Post removed Post removed Mar 2022 #41
Post removed Post removed Mar 2022 #42
Sorry, not sorry, sanctimonious is what I do . . . Surf Fishing Guru Mar 2022 #39
a blast from the past jimmy the one Mar 2022 #26
scalia erred in heller -1 jimmy the one Mar 2022 #27
mel's smoke and mirrors jimmy the one Mar 2022 #17
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