Author Topic: Montana to SCOTUS: Don't you dare!  (Read 826 times)

Offline bsdaddict

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Montana to SCOTUS: Don't you dare!
« on: February 20, 2008, 11:36:01 AM »
Full resolution here

supporting argument here
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WHEREAS, when the Court determines in Heller whether or not the Second Amendment secures an individual right, the Court will establish precedent that will affect the State of Montana and the political rights of the citizens of Montana;

WHEREAS, when Montana entered into statehood in 1889, that entrance was accomplished by a contract between Montana and the several states, a contract known as The Compact With The United States (Compact), found today as Article I of the Montana Constitution;

WHEREAS, with authority from Congress acting as agent for the several states, President Benjamin Harrison approved the Montana Constitution in 1889, which secured the right of "any person" to bear arms, clearly intended as an individual right and an individual right deemed consistent then with the Second Amendment by the parties to the contract;

............
THEREFORE BE IT RESOLVED by the undersigned members of the 60th Montana Legislature as follows:

1. That any form of "collective rights" holding by the Court in Heller will offend the Compact; and.........

4. Montana reserves all usual rights and remedies under historic contract law if its Compact should be violated by any "collective rights" holding in Heller.


this should be interesting.  if the scotus takes the collective rights view, MT will consider that a breach of contract and reserves "all usual rights and remedies under historic contract law."  can't really sue the fedgov for damages, what else is left?  secession?

Offline Airscrew

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Montana to SCOTUS: Don't you dare!
« Reply #1 on: February 20, 2008, 11:48:00 AM »
hmmm the next Civil War,  East against West? NorthEast, South, South West, Plains against MidWest, NorthEast, East?

Offline Airscrew

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Montana to SCOTUS: Don't you dare!
« Reply #2 on: February 20, 2008, 11:51:33 AM »
I like this argument..

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Militia Act of 1903 was the beginning of the National Guard and directed the federalization of the National Guard.  "The National Defense Act of 1916 … transformed the militia from individual state forces into a Reserve Component of the U.S. Army - and made the term 'National Guard' mandatory".[16]  Since the National Guard was not invented or authorized until after 1900, there could have been no understanding in 1889 that the purpose of the Second Amendment was to authorize the states to arm the National Guard.

Offline eagl

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Montana to SCOTUS: Don't you dare!
« Reply #3 on: February 20, 2008, 01:18:09 PM »
Quote
Originally posted by Airscrew
hmmm the next Civil War,  East against West? NorthEast, South, South West, Plains against MidWest, NorthEast, East?


It'll be people with guns who want to mind their own business against people without guns who want to tell everyone else how to live.
Everyone I know, goes away, in the end.

Offline bsdaddict

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Montana to SCOTUS: Don't you dare!
« Reply #4 on: February 20, 2008, 01:20:16 PM »
Quote
Originally posted by eagl
It'll be people with guns who want to mind their own business against people without guns who want to tell everyone else how to live.
correction: "against people with BIGGER guns, and tanks, and jets, and field artillery, etc..."  Good luck defending yourselves with your pea-shooters though.

Offline AWMac

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Montana to SCOTUS: Don't you dare!
« Reply #5 on: February 20, 2008, 01:25:50 PM »
Kewl another Ruby Ridge or Waco in the making... just on a larger scale.

This'll be better than watching all that Election 2008 crap on TV.

Offline lasersailor184

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Montana to SCOTUS: Don't you dare!
« Reply #6 on: February 20, 2008, 01:27:35 PM »
Quote
Originally posted by bsdaddict
correction: "against people with BIGGER guns, and tanks, and jets, and field artillery, etc..."  Good luck defending yourselves with your pea-shooters though.


Don't be retarded.  There is no way in hell the liberal party could garner the favor of the military.




If you analyze most of the original colony's state constitutions, they clearly define it as an individual right.
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Offline Jackal1

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Montana to SCOTUS: Don't you dare!
« Reply #7 on: February 20, 2008, 01:28:51 PM »
Quote
Originally posted by bsdaddict
correction: "against people with BIGGER guns, and tanks, and jets, and field artillery, etc..."  Good luck defending yourselves with your pea-shooters though.


I think you are overlooking one very important fact.........again.
The very people who man those tanks, guns and field artillery are not bound to the government.
In such a case there are not but two choices.........stand up.......or bend over.
Democracy is two wolves deciding on what to eat. Freedom is a well armed sheep protesting the vote.
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Offline wrag

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Montana to SCOTUS: Don't you dare!
« Reply #8 on: February 20, 2008, 01:33:23 PM »
Quote
Originally posted by Jackal1
I think you are overlooking one very important fact.........again.
The very people who man those tanks, guns and field artillery are not bound to the government.
In such a case there are not but two choices.........stand up.......or bend over.


And I'm fairly sure there are a few people FROM Montana that are in the military that might react unfavorably to their state being attacked.

I'm also fairly sure they could be a few people from other states with a similar attitude.
It's been said we have three brains, one cobbled on top of the next. The stem is first, the reptilian brain; then the mammalian cerebellum; finally the over developed cerebral cortex.  They don't work together in awfully good harmony - hence ax murders, mobs, and socialism.

Offline bsdaddict

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Montana to SCOTUS: Don't you dare!
« Reply #9 on: February 20, 2008, 01:45:00 PM »
Quote
Originally posted by Jackal1
I think you are overlooking one very important fact.........again.
The very people who man those tanks, guns and field artillery are not bound to the government.
good point.

Offline lazs2

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Montana to SCOTUS: Don't you dare!
« Reply #10 on: February 20, 2008, 02:16:46 PM »
It would appear that the liberals like bingalong are having a hard sell with their liberal "collective rights" BS..  whole states are opting out.

Montana could secede.   All they would have to do is nationalize the missle silos.

Say.. "leave us alone or we will vaporize about a dozen worthless blue cities"

lazs

Offline eagl

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Montana to SCOTUS: Don't you dare!
« Reply #11 on: February 20, 2008, 04:12:02 PM »
Quote
Originally posted by bsdaddict
correction: "against people with BIGGER guns, and tanks, and jets, and field artillery, etc..."  Good luck defending yourselves with your pea-shooters though.


I don't know how many of my co-workers would participate in something like that, but I don't think I would...  So you can subtract the tanks, jets, field altillery, etc from the equation.  One drawback of a military like ours is that it's probably going to be worthless if someone tries to use it against, well, ourselves.
Everyone I know, goes away, in the end.

Offline eagl

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Montana to SCOTUS: Don't you dare!
« Reply #12 on: February 20, 2008, 04:14:06 PM »
Quote
Originally posted by lazs2
It would appear that the liberals like bingalong are having a hard sell with their liberal "collective rights" BS..  whole states are opting out.

Montana could secede.   All they would have to do is nationalize the missle silos.

Say.. "leave us alone or we will vaporize about a dozen worthless blue cities"

lazs


Wouldn't work without a lot of collaboration.  The safeguards don't lend themselves to being taken over by small groups.
Everyone I know, goes away, in the end.

Offline Regulator

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Montana to SCOTUS: Don't you dare!
« Reply #13 on: February 20, 2008, 04:15:39 PM »
Quote
Originally posted by eagl
One drawback of a military like ours is that it's probably going to be
worthless if someone tries to use it against, well, ourselves.


I don't see that as a drawback, I prefer to think of that as a plus.  Military people with the moral judgment and courage to know what is right and wrong, then follow their convictions is exactly what I want in uniform.

Offline eagl

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Montana to SCOTUS: Don't you dare!
« Reply #14 on: February 20, 2008, 04:19:58 PM »
Quote
Originally posted by Regulator
I don't see that as a drawback, I prefer to think of that as a plus.  Military people with the moral judgment and courage to know what is right and wrong, then follow their convictions is exactly what I want in uniform.


That's exactly what I meant :)  It's a drawback to people trying to rewrite or circumvent the constitution.
Everyone I know, goes away, in the end.