This blog,originally founded by Blogger, who is listed in Marquis Who's Who and is a recipient of the Albert Nelson Marquis Lifetime Achievement Award. He holds a theological degree and a doctorate in Counseling Psychology. Taught Psychology for 32 years and is now Professor Emeritus. Is a board-certified psychologist and was awarded the Lifetime Achievement Award in his profession. Ministered as a chaplain, and pastored Baptist and Episcopal churches. Publications cover the integration of psychology and theology. Served in the Army, the Merchant Marines and the Peace Corps.

Monday, March 1, 2010

2nd Amendment Versus The Tenth


Thanks to Guy Faulkes for suggesting this thread.
The Supreme Court will consider the constitutionality of Chicago's handgun ban on Tuesday.

29 comments:

guy faulkes said...

In my opinion, it is not the second amendment versus the tenth, it is the second amendment supported by the tenth as well as the fourteenth.

The Court has repeatedly decided that some rights are so basic that neither the federal government nor the states with its subdivisions of powers (county and municipal) thereof, can infringe upon them. The this is the tenth amendment protection that says powers are reserved to the states OR the people. Abortion for instance was determined to be a power reserved to the people. The states cannot legislate it out of existence. (The problem with abortion is that it is murder, but it provide an example of a power reserved to the people as it is now legislated.)

The fourteenth amendment says that states cannot deprive people of immunities, such as a civil right, without due process of law. This means that one can prohibit a convicted felon from carrying a gun, but not the public. The Supreme Court has already rules that the right to keep and bear arms is an individual right.

Reader said...

At least the NRA is involved with the arguments and Scalia is a hunter. I'll be praying our Constitution stands, as is.

Wolf's Head said...

This might be interesting in light of Attorney General Holder's statement last week that the Obama Administration wants to re-instate a permanent "assault weapon" ban.

In view of the increasing fear of the government this article might be relevant....

http://www.newswithviews.com/Vieira/edwin206.htm

Sarkazein said...

This one will split down party lines. The liberals will say the City has a right to stop you from having a gun.
BUT, if it's before an election, liberals will accuse Conservatives of fear mongering when Conservatives say liberals will take their guns away.

Sarkazein said...

It has always been my understanding, The Bill of Rights (the first ten) could not be deleted by amendment, because they are G_d given rights, not legislated rights.

guy faulkes said...

Sark, any amendment could be repealed. However, the Constitution was ratified with the understanding that the bill of rights, particularly the second amendment be appurtenant to it. The Constitution is the contract with the people that gives the government the right to exist. At least in my view, repealing any of the first ten amendments would void the contract and make the government illegitimate.

I guess at that point in time the will of the people would control what happened. This is really no different than the current situation. People get the kind of government they deserve through their own actions. If they want freedom, they will have it. If they want socialism, they will have that.

guy faulkes said...

Here is ABC's slant.

http://abcnews.go.com/Politics/supreme-court-hears-chicago-gun-ban-case/story?id=9780703

Sarkazein said...

Guy Faulkes-

I don't believe one of the Bill of Rights could be deleted through legislation. For instance, the State of North Carolina could not legislate in a state church the State Baptist Church, or eliminate a Free Press, or ban States from having a Militia, etc.

But, I did not know that through the Amendment process on of the first ten could be deleted.

Sarkazein said...

Should read: one of the..

Reader said...

Wolf, I read the article last night and it was eye opening. Thanks for linking.

guy faulkes said...

One of many articles on case. Google away.

http://www.reuters.com/article/idUSTRE6213VI20100302?type=politicsNews

Sarkazein said...

Part of this is Michael Moore's great documentary work against guns. Since his movie, gun sales and ownership have increased dramatically. Concealed carry permits have sky rocketed. There are ammo shortages as so many have taken up shooting. The Supremes verified the individual right.
Michael Moore, the conservatives best friend.

guy faulkes said...

Sark, I must disagree. Obama has sold more guns than Moore. His record scared people so bad that people wanting to own guns purchased as never before. Some figures show a rise in the rate of 300%.

Another reason for increased gun sales is that Obama's failed policies scare people. Many that were in the opposite camp have returned to the idea that they have personal responsibility for their safety and that of their family.

You are correct about the ammo shortage.

guy faulkes said...

Here is a transcript of the case.

http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-1521.pdf

Sarkazein said...

Guy Faulkes-

Michael Moore is the greatest motivational speaker and documentarian causing gun ownership to increase at record numbers, and you are right, the gun stores all say Obama is the greatest gun salesman ever.
Before the inauguration, at the gun ranges, there were Obama "posters" shooters could buy. After the inauguration the "posters" must have all sold out, because they were no longer available.

guy faulkes said...

I believe it is illegal to shoot a a picture of the President because it is supposed to convey some kind of threat or training exercise. I do not know how they justify this kind of free speech against burning the Flag, but apparently they do. In any case, I would not do it as a target is a target. One can improve his marksmanship shooting at dirt clods.

Sarkazein said...

I am going to start sending fan mail to Michael Moore asking him to do a documentary on illegal aliens, the new Democrat leadership, and lawyers that advertise on TV.

oatz said...

Sark, you may be on to something.

Sarkazein said...

Glen Beck may be our next President now, if Michael Moore's record continues.

guy faulkes said...

Enough said.

http://www.youtube.com/watch?v=UBucZGaRajU&feature=related

Same song, different video, with words so you can sing along.

http://www.youtube.com/watch?v=-TC2xTCb_GU

Honest Debate said...

Guy Faulkes, Wolf, Sark or any other gun experts, I could use some advice.

I'm not a big gun guy. I am a huge supporter of the 2nd amendment but I don't hunt and I live in a safe neighborhood. We have a 22 gauge rifle that's it. This morning we had a horse down (ol' Summer). He was very old and blind. He had been down all night and his lungs were full of fluid. He was in much distress and we could not get him up. He was essentially drowning and the vet could not get here for an hour. I ended it with the 22. It's the 2nd time I've had to resort to a bullet.

The gun was very difficult to load. It jammed up. This happened before as well. Time is of the essence in these situations. Can anyone suggest a gunsmith in our area? Also, does anyone have a suggestion for a better gun to suit this particular need? The 22 worked with one well place bullet. I wonder if a little more power would be in order. Or maybe a hand gun? Any help would be greatly appreciated.

Sarkazein said...

H.D-

That has to be tough.
If that is the main use for your rifle, I would suggest a lever action .22 cal. rifle instead of a semi-automatic. There are several different types of 22 ammo available perhaps suitable for the task. Perhaps a Henry. It can be used for varmints too.
Some .223 assault rifles convert to a .22. so they can be used for bigger varmints.

guy faulkes said...

The most versatile gun for a person that only has one would be a 20 gauge shotgun. You can soot anything from slugs to bird-shot. I would suggest a pump as they are economical and also very good as a home defense weapon. Mossburg makes a good one.

A bolt action .22 caliber would be my next choice. If this was going to be a gun that I only used for small varmints or the regrettable use you describe, I would consider a .22 magnum. I would go with a Ruger or a Kimber.

I feel for you. The true test of one's character comes when you have to put down a loved animal.

Every farm kid knows the last thing you do is name an animal you are going to eat.

guy faulkes said...

I was thinking about your anguish over having to put down your horse and forgot about your question concerning a hand gun. You need to get at least two of them. You need one .22 to practice with and a larger center fire of at least .38 or 9mm. to use for self defense or for the purpose of putting down a horse. My personal recommendation for a center-fire handgun would be a semi-auto in .40 or a.357 revolver so I could also use .38 bullets.

A handgun is probably the most fun gun to shoot, because it is the hardest gun to master. One can be a good shot using one with very little practice, but it does take practice. Unless you enjoy shooting or maybe wish to get your concealed carry permit, I would stick with a shotgun or rifle. If you start shooting, you are probably going to enjoy it so much you will end up with all of them.

Again, I share your pain. I have been where you have been and have done what you did.

Sarkazein said...

I think we all would carry rifles if they were more convenient, hence the handgun. I agree with Guy Faulkes, the bolt action 22 would be a good choice too. The Henry lever action is just more ranch like. If you get a pistol to carry, stay away from the .380...too hard to get ammo now.

guy faulkes said...

I keep forgetting to answer your questions. A good gunsmith is Scott Ledford of Ledford's Trading Post in Hickory. However, you probably just need to give your gun a good cleaning. This can probably be accomplished fairly easily with a can of Breakfree, a can of gun oil, an old toothbrush, and a bore rod, a bore brush, and some rags.

Let us know the make and model of the gun and one of us can surely tell you how to clean it.

Honest Debate said...

Sark and Guy,

Thanks a ton! You've given me plenty to consider. The bolt action 22 sounds like the deal but I think it's time to own a handgun too. That Henry looks so cool, it'd be great for shooting up the town on Saturday night. (Just joking lib)

I also appreciate the compassion. Summer gave lessons to kids 5 or 6 days a week for over twenty years. Even after he went blind he could do lead line work with the handicapped kids. When he got to old for that he couldn't go in a pasture with other horses because it would scare him so he had the run of the place. Every morning after he ate we'd let him out of the stall. He knew his way around and would visit with other horses over the fence, he could find the water and grass. He had a good life, it wasn't that hard to do him the favor of putting him out of his misery.

I'm not complaining we've seen many many horses die over the years. If everything goes perfect you will outlive your horse. Most of the time a vet does it. Sometimes it gets very graphic for various reasons. It's part of my job just like dragging bloated carcasses across the farm with a tractor and chain. Someone's gotta do it.

Honest Debate said...

Thanks too Guy for the gunsmith info. I should really learn how to clean it if that's all it needs. I'll holler if I need help. Thanks again.

Sarkazein said...

Check twice for unloaded before cleaning.