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Not a Constituional Lawyer
#1
Please correct me if I'm wrong, but aside from ignoring the 2nd Amendment, doesn't the 10th Amendment allow the States to regulate themselves without fear of the Federal Government?

"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."
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Admit nothing.  Deny everything. Demand proof.
If we lie to the government, it's a crime. If the government lies to the people, it's called politics.
Paying for welfare is slavery.
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#2
Politicians don't follow the Constitution just like criminals don't follow the law.

For some politicians, the Constitution is nothing more than an annoying obstacle to be ignored or trampled.

If they don't respect the 2nd, why would they be stopped by the 10th?
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#3
I think the only amendment in the Bill of Rights to not yet to be ignored by the government is the 3rd, but only because they have not had the opportunity.
Specific cases?

1. Mayors denying Chick-Fil-A licenses based on free speech utterings of an employee.
2. Why state the obvious?
3. This one is about quartering soldiers in private homes.
4. Patriot act invalidates search and seizure protections.
5. George Zimmerman indicted for a felony without a Grand Jury. Eminent Domain cases all over the place.
6. Speedy trials? Not so much. Again, Zimmerman will wait at least 16 months since he was arrested.
7. $20 beef to trigger a jury trial? Small claims Court is now around $1500.
8. Ask the producer of the "hateful Islamic video" if his punishment was excessive.
9. This one is about overarching government control. If it is not in the constitution, then it is a right reserved for the people. Yet the government controls nearly every aspect of our lives from speed limits to business regulation, to how big of a soda pop you can buy. The entire entitlement culture we live in is a violation of the ninth amendment.
10. Marriage is not in the Constitution so States have the power to pass their own laws defining it. Same with drugs. Each state can have their own laws. However, Firearms ARE in the constitution, so there should be an all encompassing federal law that the states cannot change.
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#4
The guy who made the "hateful Islamic video" was arrested for probation violation. Part of.his probation was he wasn't allowed to use a computer for the duration. He used a computer to make, edit and post his crappy movie. The noise surrounding his arrest was over the top but the arrest was valid.
Interdum feror cupidine partium magnarum Europae vincendarum
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#5
Warpt762x39;56127 Wrote:The guy who made the "hateful Islamic video" was arrested for probation violation. Part of.his probation was he wasn't allowed to use a computer for the duration. He used a computer to make, edit and post his crappy movie. The noise surrounding his arrest was over the top but the arrest was valid.

So a frog march on national TV is not an unusual punishment for a trivial parole violation? The arrest was about government propaganda and not about his rights. Pillory in the town square was abolished in the 17th century.
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#6
Coops;56197 Wrote:
Warpt762x39;56127 Wrote:The guy who made the "hateful Islamic video" was arrested for probation violation. Part of.his probation was he wasn't allowed to use a computer for the duration. He used a computer to make, edit and post his crappy movie. The noise surrounding his arrest was over the top but the arrest was valid.

Like I said, it was over the top but the actual arrest was valid.

So a frog march on national TV is not an unusual punishment for a trivial parole violation? The arrest was about government propaganda and not about his rights. Pillory in the town square was abolished in the 17th century.
Interdum feror cupidine partium magnarum Europae vincendarum
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#7
I know that Montana and I also heard Tennessee told the ATF to suck it when it came to firearms built and sold within their States. I believe they used the 10th Amendment.
NRA Life Member, NRA Certified Instructor:  HFS, Pistol, Rifle, PPIH,PPOH
Suarez Combat Arms Instructor School
Admit nothing.  Deny everything. Demand proof.
If we lie to the government, it's a crime. If the government lies to the people, it's called politics.
Paying for welfare is slavery.
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#8
spblademaker;56413 Wrote:I know that Montana and I also heard Tennessee told the ATF to suck it when it came to firearms built and sold within their States. I believe they used the 10th Amendment.

They turned the Interstate Commerce Clause around on them. The law state that if a gun is made in the state, sold to a resident of the state and stays within the states borders, the federal government has no authority over it as it was intrastate instead of interstate.
Interdum feror cupidine partium magnarum Europae vincendarum
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#9
Warpt762x39;56419 Wrote:
spblademaker;56413 Wrote:I know that Montana and I also heard Tennessee told the ATF to suck it when it came to firearms built and sold within their States. I believe they used the 10th Amendment.

They turned the Interstate Commerce Clause around on them. The law state that if a gun is made in the state, sold to a resident of the state and stays within the states borders, the federal government has no authority over it as it was intrastate instead of interstate.

The Feds have been abusing the ICC for years. But if the Feds come up with some bullshit AWB wouldn't a State be able to negate their law based on the 10th?
NRA Life Member, NRA Certified Instructor:  HFS, Pistol, Rifle, PPIH,PPOH
Suarez Combat Arms Instructor School
Admit nothing.  Deny everything. Demand proof.
If we lie to the government, it's a crime. If the government lies to the people, it's called politics.
Paying for welfare is slavery.
Reply
#10
spblademaker;56430 Wrote:
Warpt762x39;56419 Wrote:They turned the Interstate Commerce Clause around on them. The law state that if a gun is made in the state, sold to a resident of the state and stays within the states borders, the federal government has no authority over it as it was intrastate instead of interstate.

The Feds have been abusing the ICC for years. But if the Feds come up with some bullshit AWB wouldn't a State be able to negate their law based on the 10th?

There have been half assed attempts at invoking the 10th Amendment in recent years but you'd really have to force the issue at the state level. Few state level politicians have the balls to stand up to the feds in any real manner.
Interdum feror cupidine partium magnarum Europae vincendarum
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