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Thread: Justice Ruth Bader Ginsburg has died

  1. #281
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    Quote Originally Posted by Seven_Sicks_Two View Post
    I'm woefully underqualified to present the finer points of case law and precedent. But the lay argument I use (shamelessly stolen from the internet) to clarify the language for people is this:

    "A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed."

    Who has the right to food? A well balanced breakfast or the people?
    This is great. I’m just trying to think of possible ways a zealot could pick it apart before I start using it.
    Ken

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  2. #282
    on the lookout blues's Avatar
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    A well regulated digestive system, being necessary to the health of a human, the right of the people to keep and bear antacids, shall not be infringed.

    (How do you like them apples? I didn't copy it off the web, I'm solely to blame.)
    Vote...to protect our Constitution and the Bill of Rights

  3. #283
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    The Amendment is a Rorschach test. The justice has an underlying belief which is positive or negative to the RKBA and then looks for precedent and language and arguments to support the underlying belief. The legal profession will claim otherwise, they pretend to be logical and neutral interpreters of the documents in question. They are originalists when it suits them, interpreters when it suits them. The former is usually evoked to support a conservative position, the latter a more liberal position.

    I think this viewpoint from some scholars of the court from political science, psychological and sociological analyses cuts through the jargon and endless blather. The Court is acting as a mini-legislature as the Congress refuses or can't deal with issues.

  4. #284
    Flinty-eyed isolationist Totem Polar's Avatar
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    The breakfast one needs one more comma. Legal amateurs lose their shit over the extra comma—don’t sell the gag short.

  5. #285
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    Quote Originally Posted by Seven_Sicks_Two View Post
    "A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed."

    Who has the right to food? A well balanced breakfast or the people?
    For those of us who.practice intermittent fasting, by not eating a traditional breakfast, I will stick with "A well balanced diet being necessary to a healthy life, . . ."

    _______________
    "Whom shall I send, and who will go for us?" Then I said, "Here I am. Send me." - Isaiah 6:8

  6. #286
    Member DMF13's Avatar
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    Quote Originally Posted by Totem Polar View Post
    The breakfast one needs one more comma. Legal amateurs lose their shit over the extra comma—don’t sell the gag short.
    Well, to be fair, sometimes a comma, or lack thereof, is very important to legal professionals, and can be very costly when not properly used.

    https://www.cnn.com/2017/03/15/healt...rnd/index.html
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    "Whom shall I send, and who will go for us?" Then I said, "Here I am. Send me." - Isaiah 6:8

  7. #287
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    Quote Originally Posted by DMF13 View Post
    For those of us who.practice intermittent fasting, by not eating a traditional breakfast, I will stick with "A well balanced diet being necessary to a healthy life, . . ."

    I'm a chronic breakfast skipper. Normally it's just a cup or three of coffee. Now when my wife bugs me about it, I'll tell her I'm "practicing intermittent fasting".

  8. #288
    on the lookout blues's Avatar
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    Quote Originally Posted by DMF13 View Post
    Well, to be fair, sometimes a comma, or lack thereof, is very important to legal professionals, and can be very costly when not properly used.

    https://www.cnn.com/2017/03/15/healt...rnd/index.html
    Be sure to tell Comma-la.
    Vote...to protect our Constitution and the Bill of Rights

  9. #289
    Flinty-eyed isolationist Totem Polar's Avatar
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    This is pretty darn OT, but: can anyone explain to me how the militia can be both simultaneously a constitutional bulwark against the tyranny of our own government AND fall under the command of the President (article 2, section 2; refreshed while reading up on SCOTUS appointing language)?

    Just curious how to reconcile the two ideas. I’m no legal scholar—any thoughts?

    Thread drift in 3,2,1...

  10. #290
    Quote Originally Posted by Totem Polar View Post
    This is pretty darn OT, but: can anyone explain to me how the militia can be both simultaneously a constitutional bulwark against the tyranny of our own government AND fall under the command of the President (article 2, section 2; refreshed while reading up on SCOTUS appointing language)?

    Just curious how to reconcile the two ideas. I’m no legal scholar—any thoughts?

    Thread drift in 3,2,1...
    The mere existence of a militia is the bulwark.

    The chain of command ties each member to the President. In the case of a coup, someone in the chain of command goes full Al Haig, taking command of those below them in the chain along with their gear, munitions, and access to facilities and other assets. All are guilty of treason. In a successful coup, President Haig takes over and grants amnesty to those who broke their oaths to uphold and defend the Constitution. In a failed coup, President Haig and other key participants are executed in public, although today they'd probably get book deals.

    The militia doesn't just act during a coup nor does it have to show up as organized units. It can be individuals who act as their circumstances dictate, such as when tyranny takes the form of government inaction. Then the militia might be rooftop Koreans, St. Louis lawyers, and guys like Kyle Rittenhouse.

    Clearly, I am not a lawyer.


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