Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - Haaheo okole puka

Pages: [1]
2
I really like that idea. My predictions on the House and Senate votes on a bill to implement such an idea: House 44 nays to 7 ayes: defeated; Senate 23 nays to 2 ayes: defeated. Common excuse: "I shouldn't be held responsible for some activist judge revisioning the Constitution. Next thing you know some judge will declare that "keep and bear arms" means "keep and bear arms". That's outrageous!"

Of course you're point is valid and hence outlines the necessary route for ratification.
I see a few ways of getting it through. First and foremost, it it should be adopted as a voter base litmus test accompanied by a few other new integrity based questions. For example - replacing the dead horse question of abortion with the question of a "Call to integrity" amendment (where do they (the candidate) stand?). Secondly a grass roots movement across the nation through the ballot box State by State to bring about a Constitutional Convention for such an amendment, thus circumnavigating the legislative representatives altogether. So it could be pushed through the campaigning litmus test process and become a conscience within Congress and the Executive or State by State on the ballot for Constitutional Convention. Since a Constitutional Convention has yet to place a single amendment into the Constitution, such an amendment would indeed be fitting as the first to accomplish such a task while demonstrating the ultimate power of the people. So how is it promoted? First the amendment is drafted and then promoted through alternative media, grass roots parties, such as the Tea party , Libertarian party and within the Democratic and Republican parties. I can see it as a binding catalyst in which all parties would be committing political suicide not to observe, respect and support the proposed amendment. Argument to such a litmus test question indeed displays a propensity to negate accountability on behalf of the candidate.

BTW... sorry for hijacking this thread, will pursue this elsewhere. If there's any interest. I'll let someone else nominate it as a topic if interested.

3
The reason we see this sort of unconstitutional legislation is because there is no personal consequences for violating the Constitution through a legislators vote. It is true that they do have the right to vote their conscience but their conscience is supposed to be principally  bound by the Constitution. Thus an outright test (vote) against the Constitution is nothing less than an assault upon the Constitution unless cast through Constitutional amendment procedures.  The way I see it is at minimum - a legislator who votes in favor of an unconstitutional bill that is later decreed unconstitutional by the Courts should then automatically lose their seat, lose all benefits derived from such service, be barred from all political activities as well a forfeiture to the right to vote and contribute to any campaign fund.  Barred from all political activities for the remainder of their lives.

As it stands today... the legislative as well as the executive branch have overburdened the judiciary, rendering it largely ineffective, thus we have a clear breakdown in the check and balances. If there were ample consequences for voting in favor of unconstitutional  legislation our checks and balances could be restored, the judiciary burdens relieved and the allure to office by unscrupulous personality types reduced substantially. 

In the early days of this country, the population was largely driven by integrity and those who veered from such integrity were automatically ostracized. Today we've lost that integrity and we're not going to reclaim it until the expectations to conduct one self with integrity is re-enforced.
4
The 9ths first 2 opinions appear to be a very complete and well grounded opinion. What are the chances the SCOTUS will hear only those circuit opinions in conflict with the individual right that placed State safety interests (a conjecture based position) above the individual right, effectively rending the second amendment archaic (isn't that legislating from the bench?). I don't understand how any justice can justify rendering (legislating) an individual right as archaic by virtue of taking a conjecture based position of State interest above an individual right.

After seeing how the SCOTUS ruled on the ACA accepting it as a Tax when originating from the Senate ( a rather dumbfounding contradiction), I'm not so sure I could trust the SCOTUS to make a legislative free decision on these matters either. 
5
If the court ruled a choice between concealed or open by choice of the State, How does that pan out? Meaning if a State decides concealed is all they will allow how does one conceal a rifle/shot gun? How is it they could conclude that at least one must be allowed, why not both are expected? That really makes no sense as it can be used to reduce the type of weapons that are carried while further adding to the illusion of an arms free society further exacerbating the intolerance of arms by hiding them. Whereas open carry will cause less people to want to carry...allowing only one form of carry enables the State to manipulate/infringe upon the second amendment in what ever direction they feel more inclined. They can either reduce the number of firearms in public by making them mandatory visible or continue exacerbating the arms intolerance through hiding their existence while disallowing rifles and shotguns. I see that part of the ruling as another form of long term eventual detriment to the carry amendment and flawed at its core with regard to potential alienation of rifles and shotguns (long guns). Perhaps the justice hadn't completely thought that part through to its inevitable end? Anyhow... I'm happy to see some adherence to our Constitution beginning to guide this matter. A rightful ruling overall.
Pages: [1]