Music Lane It's all about the music, dude! Sit down, relax and listen to some tunes.

---

[ Follow Ups ] [ Post Followup ] Thread: [ Display  All  Email ] [ Music Lane ]

---

[ Alert Moderator ]

---

Individual Rights

Posted by John Marks (M) on February 3, 2017 at 09:47:46

In Reply to: Good points, but: posted by rbolaw on February 2, 2017 at 13:15:00:

Cool conversation...

Point three is IMHO a bit of a quagmire...

I start from the standpoint that the Federal system/Constitution does not "create" rights, but rather restricts the Federal government from encroaching upon rights that have their origin elsewhere: either Natural Law (quagmire alert), colonial law, state law, or ancient custom.

So, from that perspective, the Second Amendment's

the right of the people to keep and bear Arms

to me at least seems to guarantee that the Federal government (and, by extension under the post-Civil-War amendments, the states) cannot infringe the core right to keep and bear arms; and further that that right inheres in individuals (and not just citizens).

HOWEVER, I also gather that the Supreme Court has made the resting place of the right crystal-clear only in the 21st century.

I filed one cert petition with the US Supremes, a mulligatawny of one-man/one-vote and takings clause, etc., and got blanked. But in the event, had they heard my case, they could have inflicted Kelo vs. City of New London on the nation several years earlier.

Trivia point: Rhode Island law preserves the rights of Rhode Islanders under the Charter of Charles II (to the extent not over-ruled by the state's Consitution, which came about only post Civil War). It gets better: the Charter preserves colonists' rights under the Magna Carta. So, within my lifetime, the RI Supremes decided a case based on the Great Charter.

Apparently one of the unenumerated ancient rights is jury trial for paternity cases. Rhode Island had established a Special Master program to rubber-stamp DNA tests and issue orders. Nyet, said the RI Supremes.

Which any lawyer with three years of real-world experience would say is a Poisoned Chalice: OK, Buddy. Invoke a jury trial and they will REALLY take it out of you.

Anyway, enough alter-kacker-ism from JM

Vanderbilt Law School 1979.

ATB,

jm

This post is made possible by the generous support of people like you and our sponsors:

Atma-Sphere Music Systems, Inc.

---

[ Top of Page ] [ Contact Us ] [ Support/Wish List ] [ Copyright © 2024, Audio Asylum, all rights reserved ]

---

[ General ] [ Speakers ] [ Tubes ] [ Vinyl ] [ Digital ] [ Hi-Rez ] [ Video Asylum ] [ Cables ] [ Tweaks/DIY ] [ Music ] [ Films ]

---