Kagen quote should be used for 2a

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  • dgapilot

    Active Member
    May 13, 2013
    704
    Frederick County
    During the same sex marriage hearings this week Justice Kagan stated "We don't live in a pure democracy; we live in a constitutional democracy" The Washington Post went on to point out " In such a system, fundamental individual rights are not subject to the vagaries of majoritarian politics. The court exists to vindicate them, without delay, which is what we hope and expert the Supreme Court will do in this case."

    Now if those words can be woven into 2a cases, using this same logic, and words of one of the liberal justices and a left leaning newspaper, maybe we can get more support.
     

    frogman68

    товарищ плачевная
    Apr 7, 2013
    8,774
    did you hear Texas Democraps in the voter id case this week.

    Paraphrasing

    No Constitutional Right should require a burden or cost (only cost for the voter id is 2 dollars if you don't have your birth certificate )
     

    Mr H

    Banana'd
    IIRC, Scalia has been making a point to expose Kagan to all things Conservative, even taking her shooting.

    I hope she meant the statement in an overall sense, and is not just pandering to a single issue.

    Of course, I also hope to become independently wealthy in the next week.
     

    jpk1md

    Ultimate Member
    Jan 13, 2007
    11,313
    One big problem.

    They don't view the 2A as an individual right.

    Bingo

    There are justices that are apparently "On our side" that even poo poo RKBA and attempt to leave the door open to "Reasonable Restrictions"

    There are "Rights" and then the are Rights (aka Privs)
     

    Dingo3

    Ultimate Member
    Apr 4, 2013
    2,777
    Fredneck
    If they find a right to same sex marriage, she better uphold the enumerated right to keep and bear arms.

    I've wondered about this. The current same-sex marriage case is about states recognizing marriages performed in other states.

    It doesn't take hardly any connecting of dots to use the same argument for CCW reciprocity.
     
    Last edited:

    Daiuy

    Active Member
    May 31, 2013
    137
    We live in a republic. A democracy would be a form of government ruled by the majority, not guided by a constitution.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,058
    南馬里蘭州鮑伊
    If they find a right to same sex marriage, she better uphold the enumerated right to keep and bear arms.

    When the media droids and the bobble-heads in Hollywood start whining nationwide about the enumerated RKBA for a year or so we MIGHT make some headway in this state.
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    I love the tryanny by majority rule ish the left likes throwing about, as if tyranny by minority rule is really an better.
     

    jbrown50

    Ultimate Member
    Sep 18, 2014
    3,471
    DC
    The United States is a constitutional republic.

    http://www.thisnation.com/question/011.html

    The United States is, indeed, a republic, not a democracy. Accurately defined, a democracy is a form of government in which the people decide policy matters directly--through town hall meetings or by voting on ballot initiatives and referendums. A republic, on the other hand, is a system in which the people choose representatives who, in turn, make policy decisions on their behalf. The Framers of the Constitution were altogether fearful of pure democracy. Everything they read and studied taught them that pure democracies "have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths" (Federalist No. 10).

    By popular usage, however, the word "democracy" come to mean a form of government in which the government derives its power from the people and is accountable to them for the use of that power. In this sense the United States might accurately be called a democracy. However, there are examples of "pure democracy" at work in the United States today that would probably trouble the Framers of the Constitution if they were still alive to see them. Many states allow for policy questions to be decided directly by the people by voting on ballot initiatives or referendums. (Initiatives originate with, or are initiated by, the people while referendums originate with, or are referred to the people by, a state's legislative body.) That the Constitution does not provide for national ballot initiatives or referendums is indicative of the Framers' opposition to such mechanisms. They were not confident that the people had the time, wisdom or level-headedness to make complex decisions, such as those that are often presented on ballots on election day.
     

    jpk1md

    Ultimate Member
    Jan 13, 2007
    11,313
    The United States is a constitutional republic.

    http://www.thisnation.com/question/011.html

    The US Constitution is an outline for the formation of a constitutional republic and if politicians were o follow it/citizens were to INSIST they follow it in sufficient numbers then we would in fact have a constitutional republic.

    But unfortunately that is not the case today.....what we have better resembles an oligarchy......the rule by a small number of elites
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,233
    Hanover, PA
    We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
    John Adams (The Works of John Adams, ed. C. F. Adams, Boston: Little, Brown Co., 1851, 4:31)

    http://www.cancertutor.com/quotes_presidents/
     

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