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Do you believe in 10th amendment & States rights?

Discussion in 'Politics, Elections & Legislation' started by mrskeet410, Sep 13, 2011.

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  1. mrskeet410

    mrskeet410 TS Member

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    Do you still believe in the 10th amendment in regard to gun rights?

    See link.
     
  2. mrskeet410

    mrskeet410 TS Member

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    Do you still believe in the 10th amendment in regard to gun rights?

    See link.
     
  3. Rick Barker

    Rick Barker Well-Known Member

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    All states of the union must adopt and uphold the Bill of Rights, which include freedom of speech, right to trial by your peers, etc. etc.

    The Fed has the right to force all states to uphold the bill of rights, which just happens to include the 2nd Amendment which says the rights of the citizens to bear arms shall not be infringed.

    When the country was first created, there were no such thing as permits required to carry concealed guns and our founding fathers were aware people were carrying guns, concealed.

    Looks like the Fed is going to do something righ for a change.

    Of course it will not get past the Senate, but it is did, it will get vetoed by that little pinko commie bastard in the White House.
     
  4. Rick Barker

    Rick Barker Well-Known Member

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    All states of the union must adopt and uphold the Bill of Rights, which include freedom of speech, right to trial by your peers, etc. etc.

    The Fed has the right to force all states to uphold the bill of rights, which just happens to include the 2nd Amendment which says the rights of the citizens to bear arms shall not be infringed.

    When the country was first created, there were no such thing as permits required to carry concealed guns and our founding fathers were aware people were carrying guns, concealed.

    Looks like the Fed is going to do something righ for a change.

    Of course it will not get past the Senate, but it is did, it will get vetoed by that little pinko commie bastard in the White House.
     
  5. Berettasskeeter

    Berettasskeeter Member

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    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
    Please read the second phrase, and the last. Yes, I believe in States' Rights, but the Bill of Rights is NOT open to State interpretation.
    John
     
  6. Berettasskeeter

    Berettasskeeter Member

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    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
    Please read the second phrase, and the last. Yes, I believe in States' Rights, but the Bill of Rights is NOT open to State interpretation.
    John
     
  7. MRMOKI

    MRMOKI Member

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    I could not get the link to work, but

    The Supreme Court has sometimes taken the steam out of the Tenth Amendment by applying the Commerce Clause to anything that crosses State lines,which is pretty much everything. U. S. Constitution, Article I, Section 8 [3] states that Congress shall have the power "to regulate Commerce with Foreign Nations, and among the several States, and with the Indian Tribes." Second Amendment concerns about right to keep and bear Arms involve weapons that are crossing State lines, and, given the history of the Supreme Court decisions, it is questionable that States will ever enjoy full and complete control of things like gun registration. From the title of the link, it appears that the Commerce Clause may allow the Congress to validate carry permits across state lines. Whether some States can in turn (like Illinois or New York for example) stop the validity by applying the Tenth Amendment will be an interesting Constitutional battle. In past cases like United States v. Lopez, 514 U.S. 549 (1995) the Supreme Court did find a limit to where the Commerce Clause cannot apply in a school zone gun-free case. Jim Lemmons
     
  8. MRMOKI

    MRMOKI Member

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    I could not get the link to work, but

    The Supreme Court has sometimes taken the steam out of the Tenth Amendment by applying the Commerce Clause to anything that crosses State lines,which is pretty much everything. U. S. Constitution, Article I, Section 8 [3] states that Congress shall have the power "to regulate Commerce with Foreign Nations, and among the several States, and with the Indian Tribes." Second Amendment concerns about right to keep and bear Arms involve weapons that are crossing State lines, and, given the history of the Supreme Court decisions, it is questionable that States will ever enjoy full and complete control of things like gun registration. From the title of the link, it appears that the Commerce Clause may allow the Congress to validate carry permits across state lines. Whether some States can in turn (like Illinois or New York for example) stop the validity by applying the Tenth Amendment will be an interesting Constitutional battle. In past cases like United States v. Lopez, 514 U.S. 549 (1995) the Supreme Court did find a limit to where the Commerce Clause cannot apply in a school zone gun-free case. Jim Lemmons
     
  9. mrskeet410

    mrskeet410 TS Member

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    Long link. You might have to cut-and-paste

    http://www.foxnews.com/politics/2011/09/13/house-weighs-bill-to-make-gun-permits-valid-across-state-lines/
     
  10. mrskeet410

    mrskeet410 TS Member

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    Long link. You might have to cut-and-paste

    http://www.foxnews.com/politics/2011/09/13/house-weighs-bill-to-make-gun-permits-valid-across-state-lines/
     
  11. MRMOKI

    MRMOKI Member

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    Thanks mrskeet410, the cut-and-paste worked. Now having read the article, it seems that the proposal is to allow carry permits to work like drivers licenses and be honored where ever you travel. If that analogy holds, the States still regulate the actual laws within the States for driving and control what is the speed limit, what is the level for DUI, who can qualify for a license, etc. So the burden in the conceal carry permit proposed bill is for the States to be sure they regulate the permits they issue for their citizens. This seems to suggest that the States that do not issue carry permits might be better served if they reconsider their position and begin issuing permits. Also, as I posted before, In US v Lopez the Supreme Court was pretty clear as to the limits of any imposition of local rules by the Federal government. Jim Lemmons
     
  12. MRMOKI

    MRMOKI Member

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    Thanks mrskeet410, the cut-and-paste worked. Now having read the article, it seems that the proposal is to allow carry permits to work like drivers licenses and be honored where ever you travel. If that analogy holds, the States still regulate the actual laws within the States for driving and control what is the speed limit, what is the level for DUI, who can qualify for a license, etc. So the burden in the conceal carry permit proposed bill is for the States to be sure they regulate the permits they issue for their citizens. This seems to suggest that the States that do not issue carry permits might be better served if they reconsider their position and begin issuing permits. Also, as I posted before, In US v Lopez the Supreme Court was pretty clear as to the limits of any imposition of local rules by the Federal government. Jim Lemmons
     
  13. timberfaller

    timberfaller Well-Known Member

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    In the State of Washington, you have to pass the State Patrol's(trooper's) background check. The same that School teachers and state volunteers have to PASS.

    Being one of the worst liberal states, my CWP should be honored by ALL the other states like it used to be!!

    Its a violation of my Constitutional rights to even be required to purchase one, but no ones fighting THAT fight!

    State's can't pass law's violating the US Constitution, they can pass law's "adding" strength to the existing law though.

    That is the only way a state can have its own Constitution. Which the state of WA has one. Sad thing is, we have some Supreme Court judges here that don't know we have one!!

    The Tenth Amendment:
    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States,are reserved to the States respectively,or to the people."

    The first ten amendments were ratified together.

    The SC needs to go back and correct their mistake as it concerns the Commerce Clause.
     
  14. timberfaller

    timberfaller Well-Known Member

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    Location:
    Eastern Washington
    In the State of Washington, you have to pass the State Patrol's(trooper's) background check. The same that School teachers and state volunteers have to PASS.

    Being one of the worst liberal states, my CWP should be honored by ALL the other states like it used to be!!

    Its a violation of my Constitutional rights to even be required to purchase one, but no ones fighting THAT fight!

    State's can't pass law's violating the US Constitution, they can pass law's "adding" strength to the existing law though.

    That is the only way a state can have its own Constitution. Which the state of WA has one. Sad thing is, we have some Supreme Court judges here that don't know we have one!!

    The Tenth Amendment:
    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States,are reserved to the States respectively,or to the people."

    The first ten amendments were ratified together.

    The SC needs to go back and correct their mistake as it concerns the Commerce Clause.
     
  15. slic lee

    slic lee Active Member

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    I dont trust it, somewhere,somehow, they have a WAY OF DOING SOMETHING.
    The states or federal govt do not have any rights to alter or change or add any word or even a coma to the constitution of the united states.
    The supreme court must go. PERIOD Lee
     
  16. slic lee

    slic lee Active Member

    Joined:
    Oct 18, 2008
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    I dont trust it, somewhere,somehow, they have a WAY OF DOING SOMETHING.
    The states or federal govt do not have any rights to alter or change or add any word or even a coma to the constitution of the united states.
    The supreme court must go. PERIOD Lee
     
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