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View Diary: IQ Test For Gun Owners (152 comments)

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  •  Isn't this what the Supreme Court claims is (4+ / 0-)
    Recommended by:
    FrankRose, ER Doc, PavePusher, Tom Seaview

    exactly their duty?

    the wisdom or constitutionality of any law depends on the state of mind of the legislator
    To divine the "intent" of the founders???? And more specifically what each individual thought when they wrote a specific sentence, word or phrase that was ultimately used in the Constitution?

    Yepperie....  They ignore what the people decided afterwards...that doesn't matter to how our laws are currently "interpreted", does it?

    So, in light of how our system actually works, then yes, the intent of the legislator introducing a bill that could become law, must be considered.

    -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

    by gerrilea on Wed Jun 26, 2013 at 07:48:05 AM PDT

    [ Parent ]

    •  No, I think you have it wrong. (1+ / 0-)
      Recommended by:
      Glen The Plumber

      The primary meaning of legislation -- laws -- is what they say in plain language. If a law forbids parking on the North side of Main street, the prosecuting attorney may not argue that the intent was to forbid parking on the South side.

      If the wording is ambiguous, then the courts are the interpreters. But if statutes are ambiguous, then they cannot be enforced.

      In the issue discussed above, the poster wants to insert his own interpretation, rather than what the law actually says in plain language. There is a difference between how the Constitution ought to be interpreted and how a statute ought to be interpreted.

      Note to Boehner and McConnell: "You don't need a weatherman to know which way the wind blows." --Bob Dylan-- (-7.25, -6.21)

      by Tim DeLaney on Wed Jun 26, 2013 at 01:48:09 PM PDT

      [ Parent ]

      •  The Constitution is the supreme "legislation" (1+ / 0-)
        Recommended by:
        FrankRose

        that founded this nation.

        The primary meaning of legislation -- laws -- is what they say in plain language.
        Amendment I

        Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

        Yet we have to ask permission and possibly be allowed a permit to peaceably assemble.  "Free Speech Zones" comes to mind as well.  Can't have a religion unless it's "recognized" as such BY THE GOVERNMENT, if the government doesn't sanction it, then they call you a Cult and kill you, see Waco.  Can't "petition for redress because we have no "standing".  And the free press is now threatened with "aiding and abetting".

        Any laws, actions or statutes passed under said supreme "legislation" get their sole authority from said document, they do not have any authority absent that damn piece of paper.

        State laws are another animal completely.

        Since the ultimate arbiter of any law Congress passes is the Supreme Court or the people themselves in the extreme case of holding another Constitutional Convention....the intent of the legislator sponsoring a bill must be considered.  

        Some here came up with the idea that "confiscation" does not equal "voluntarily surrender, and in fact,  NYS has enacted such doublespeak.  They're calling it "voluntarily surrendering" NOT confiscation.

        The end result is the same, Americans are being disarmed.

        -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

        by gerrilea on Wed Jun 26, 2013 at 11:54:58 PM PDT

        [ Parent ]

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