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Old August 12th, 2017, 08:14 PM #233
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Join Date: Jun 2012
Posts: 1,242
Quote:
Originally Posted by 777GSOTB View Post
A state can't charge a fee to exercise a fundamental right protected by the federal constitution. Stare Decisis....MURDOCK v. COMMONWEALTH OF PENNSYLVANIA, 319 U.S. 105 (1943)

"It is claimed, however, that the ultimate question in determining the constitutionality of this license tax is whether the state has given something for which it can ask a return. That principle has wide applicability. State Tax Commission v. Aldrich, 316 U. S. 174, and cases cited. But it is quite irrelevant here. This tax is not a charge for the enjoyment of a privilege or benefit bestowed by the state. The privilege in question exists apart from state authority. It is guaranteed the people by the Federal Constitution."

"It is contended, however, that the fact that the license tax can suppress or control this activity is unimportant [319 U.S. 105, 113] if it does not do so. But that is to disregard the nature of this tax. It is a license tax – a flat tax imposed on the exercise of a privilege granted by the Bill of Rights. A state may not impose a charge for the enjoyment of a right granted by the federal constitution."
Then explain Kwong v de Blasio (a.k.a. Kwong v Bloomberg), and (much more importantly) why the Supreme Court denied cert there, rather than granting and reversing.

No, a fee can't be charged for the exercise of a fundamental Constitutional right except when that right is the right to keep and bear arms.

The right to keep and bear arms is clearly the exceptional case as regards essentially every Constitutional rule in the book. It is, essentially, the only Constitutionally-protected right that is actually a privilege in nearly every way. That will remain the case until the composition on the Supreme Court substantially changes in our favor.

As of now, the 2nd Amendment basically protects nothing.
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