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Surf Fishing Guru

(115 posts)
32. That sounds like confession by projection from you.
Mon Mar 14, 2022, 06:03 PM
Mar 2022
jimmy the one said:
So ridiculous it's been argued for 230 years as either full or militia centric to original intent in 1791, and until scalia via heller subverted 2ndA the militia rkba was largely accepted as the proper interpretation of original intent.
You are a pro gun sophist.
Weasel is kinda synonymous with sophistry.


That sounds like confession by projection.

jimmy the one said:
Guru clipped off the remaining part of the sentence, quelle surprise, for it debunked his own argument.
Here is the fuller sentence in context:

scotus 1886 presser quote: ... the states cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government. But, as already stated, we think it clear that the sections under consideration do not have this effect.


Debunked? That part does not do what you think it does. All it says is the states are barred from disarming a state's citizens because those armed citizens are the same resource the federal government depends upon for its security. This explains a mingled dependence, in the reverse of what is called nowadays "states rights".

This is a vital point because SCOTUS says that mandate against states disarming its citizens exists without reference to the 2nd Amendment ("laying the constitutional provision in question out of view" ) because this federal enforcement of the citizen's RKBA against state action exists in two planes. It exists in the "prerogative of the general government, as well as of its general powers". That word, prerogative, describes a underlying principle of our Constitutional Republic.

Because the Constitution promises to the states to forever provide a republican form of government, a power is thus granted by inference to keep that promise, to secure the continuance of our founding republican principles.

The republican government that the founders embraced and established has, as one of its most fundamental components, a mass of armed citizens; ("It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, . . ." as SCOTUS puts it).

The federal government then, in keeping that republican promise, can not allow any state to act in an 'un-republican' fashion, such as disarming the citizens. Understand also that the principle works both ways; the federal government can not act to disarm the citizens because the states rely on those same citizens and their guns, for their security. The 2nd Amendment is the redundant enforcement of that federal impotence to act against the armed citizens of the states.

And to speak to your mistaken proposition that Presser supports a "conditioned / qualified" RKBA, Presser makes it very clear that the right protected on multiple planes, by the "prerogative of the general government, as well as of its general powers", without reference to the 2nd Amendment, or the 2nd Amendment itself, does not belong to the states to preserve any state militia power.

If it did, the Court would have tested and applied your 2ndA's "militia right" scope and effect --supposedly only protecting state interests-- against the federal "prerogative of the general government, as well as of its general powers" that the Court shows works to bind the states, not testing the 2nd Amendment against Illinois' claimed militia power to require private citizens to obtain a permit for an armed march.

Your theory fails on all planes of Presser.

.





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
Latest Discussions»Issue Forums»Gun Control & RKBA»35 years of gun sales, sh...»Reply #32