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Thread: opinions on open carry

  1. Quote Originally Posted by Axeanda45 View Post
    Uhmmmm, could you PLEASE show us where that part is?
    The same place where open carriers are shot first in robberies.... don't you know ANYTHING?!?
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

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  3. #52
    IIRC, The Supremes became arbitrator of the Constitution as a result of an early SC case. It was in the early 1800. (Those wishing for further enlightenment can look it up.)

    Thus, while it is nowhere so stated in the Constitution that the Supremes have "review authority" on Constitutionality, the idea was, probably, a logical extention of "checks and balances". Now, as to whether or not this is a "good" power to have had them "assume".... tough call.

    GG
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    Quote Originally Posted by Grognard Gunny View Post
    IIRC, The Supremes became arbitrator of the Constitution as a result of an early SC case. It was in the early 1800. (Those wishing for further enlightenment can look it up.)

    Thus, while it is nowhere so stated in the Constitution that the Supremes have "review authority" on Constitutionality, the idea was, probably, a logical extention of "checks and balances". Now, as to whether or not this is a "good" power to have had them "assume".... tough call.

    GG
    Article III, section 2: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution....

    As with many parts of The Constitution, it's rather flexible in its interpretation.
    (Insert random tough-guy quote here)
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  6. #55
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    Quote Originally Posted by B2Tall View Post
    Article III, section 2: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution....

    As with many parts of The Constitution, it's rather flexible in its interpretation.
    The wording seems pretty clear to me, but then again, so does the Second Amendment. In both cases, I am predisposed to believe the words mean what I think they mean. This is why it is so important to have laws written with precision, leaving no room for interpretation. We had to rewrite our CHP law here in Nebraska because, for those predisposed to believe that way, the law did not specifically state that ALL local ordinances, like handgun registration, were preempted by the CHP law. And, since the State Supreme Court had already ruled that "reasonable" limitations were allowed to the right to own and carry weapons, Omaha kept enforcing its registration ordinance. We got that fixed last year with wording that left no room for doubt as to the intent and meaning of the law, and we now have FULL preemption of all local ordinances for those that possess a CHP. It is important to communicate with your legislators as they write bills affecting your rights. Even those most kindly disposed toward your way of thinking cannot think of everything, and they sometimes need help with things that they cannot foresee themselves.

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    Quote Originally Posted by NavyLCDR View Post
    The same place where open carriers are shot first in robberies.... don't you know ANYTHING?!?
    Must know more than you think. Article III says nothing about open carriers being shot first. It does establish a judiciary and discuss the responsibilities and limits of the judiciary. When Congress or the People do not like the decisions of the judiciary, they can over-rule the judiciary by passing more clear Amendments and laws. The Eleventh Amendment is an example of this. B2Tall quotes the specific part of Article III that I had in mind. Gunny is correct that the term "review authority" is not used in the Constitution, and such authority was in dispute in the early days of our Republic. However, it has pretty much been a given for better than 200 years.

  8. You fail to take into account that the Constitution may be amended. Therefore the US Supreme Court does not have the final say regarding what the Constitution states.

    In addition, the Declaration of Independence states that the citizen has the duty to overthrow a government which becomes grievously oppressive.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  9. I think open carry is great in just about all aspects people talk about. The aspect I love is that people who know very little if anything about guns are educated that yes people do carry whether they realize it or not. I am from MI and the only way I can carry is openly. I had a woman ask me if I was police to which I said no. She then said how I can carry a gun if I am not a police officer. She had no clue about concealed carry or open. The woman thought you had to be a cop to carry period. She was def not against it but just did not know.

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    Quote Originally Posted by Punch View Post
    Even those most kindly disposed toward your way of thinking cannot think of everything, and they sometimes need help with things that they cannot foresee themselves.
    Hence the 10th Amendment.
    (Insert random tough-guy quote here)
    "See my gun?? Aren't you impressed?" - Anonymous sheepdog
    The hardware is the same, but the software is vastly different.

  11. #60
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    Quote Originally Posted by NavyLCDR View Post
    You fail to take into account that the Constitution may be amended. Therefore the US Supreme Court does not have the final say regarding what the Constitution states.

    In addition, the Declaration of Independence states that the citizen has the duty to overthrow a government which becomes grievously oppressive.
    No, you fail at reading comprehension. Re-read my post, slowly, starting with the part that says "When Congress or the People do not like the decisions of the judiciary, they can over-rule the judiciary by passing more clear Amendments and laws." The Supreme Court is the final say on the Constitution as it exists when they hear the case in question. Nothing about this prevents the Legislative Branch from ammending the Constitution, nor does it compell the Exectutive Branch to enforce their decision (see Andrew Jackson and plight of the Cherokee Nation).

    As to the second statement you made; what does it have to do with the discussion.

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