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Reader A says..

Posted By: Swami
Date: Wednesday, 13-Jan-2021 05:51:54
www.rumormill.news/120636

In Response To: The Daily Shooter: High Cap Mags Now LEGAL in California (judge says entire penal code is illegal) (Swami)

Logically speaking and with respect to the Rule of Law

Applying logic here and in keeping with what is constitutional and what is unconstitutional, the limiting of magazine capacity is an unconstitutional act by any government in the U.S. and I am glad that this judge made his ruling in this way and removed the ban on higher capacity magazines. However, by the same logic then all of these other laws that restrict certain features of "Black Rifles" such as the banning of a pistol grip and in California where the magazine release button in the AR-15 must be neutered with their so called "bullet button" making it only possible to depress the magazine release button with two hands instead of only with one finger as the gun was designed, these laws and many other similar laws should also be deemed to be unconstitutional.

In fact, any law that in any way infringes on the people's Right to keep and bear arms is an infringement on the Second Amendment and will continue to be so until such time as another amendment is passed that specifically changes the provisions and directives of the Second Amendment. Because until such time, "the Right of the people to keep and bear arms shall not be infringed" remains as the supreme law of the land. Keep in mind too that in law an amendment to a document permanently alters and changes the provisions of the original document as the amendment "supersedes" the original document.

And also looking back at history, remember that in the early 20th century after banning alcohol with the 18th Amendment proved to be a big mistake, this mistake could not be undone by any act of Congress because Prohibition had become the supreme law of the land. And so putting an end to it required the passing of the 21st Amendment to finally end the era of Prohibition.

The hierarchy of the rule of law must be respected and maintained with the Constitution at the apex. And our U.S. Supreme Court has in the past agreed with this assessment.

“The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.” - Marbury v. Madison, 5 US 137

Additionally, “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton v. Shelby County, 118 U.S. 425

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda v. Arizona, 384 US 436 p. 491

Constitutional Right – “A right guaranteed to the citizens by the Constitution and so guaranteed as to prevent legislative interference therewith”. - Delaney v. Plunkett, 146

Ga. 547, 91 S. E. 561, 567, L. R. A. 1917D, 926, Ann. Cas. 1917E, 685. – Black’s Law Dictionary, 3rd Edition

”The Constitution is a legal binding contract between the government and its employer (the American people). The U.S. Supreme Court was right when it said, "The Constitution is a written instrument and as such its meaning does not alter, that which it meant when it was adopted, it means now.” U.S. v. South Carolina (1905)

~~~

It is debatable, as to whether or not we are operating under the rule of law, but I agree with your statements mostly.

The constitution is not a binding contract between the government and its employer, the people. This is what we are programmed to believe. It was not even supposed to happen. Federalization was a globalist idea. The EU is their latest attempt to gather people under a larger umbrella of control. Just like how they did it with the USA. Lawyer/legislators like to say that going along with something implies consent. But when the threat of violence for opposing is used, that negates any assumed consent. I never signed the constitution. I never agreed to a federal government, nor a state government.

The census is being mailed now. On their envelopes they claim its the law to fill out their form, their recon paper work. Yet, if they leave the borders open, and even ship people into the usa, and use taxes to give the illegal immigrants free shit, and the right to vote, what does the census matter?

What rule of law? Government is a shyster activity.

But I get what your saying..



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Articles In This Thread

The Daily Shooter: High Cap Mags Now LEGAL in California (judge says entire penal code is illegal)
Swami -- Wednesday, 13-Jan-2021 05:51:55
Turd Flinging Monkey: Male Feminists Are Sex Criminals - SPLC Edition
Swami -- Wednesday, 13-Jan-2021 05:51:55
I think just that law was ruled unconsitutional, not the entire penal code
MrFusion -- Wednesday, 13-Jan-2021 05:51:55
Reader A says..
Swami -- Wednesday, 13-Jan-2021 05:51:54
Reader A follows up..
Swami -- Wednesday, 13-Jan-2021 05:51:55

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AN EXPLANATION OF THE FACTIONS