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Thread: Obama And Judicial Review

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    Re: Obama And Judicial Review

    Quote Originally Posted by Unique POV View Post
    They demanded men buy guns just because they were born. Can you explain the difference?
    No they didn't...Again I know to you liberals it is hard to understand personal responsibility but they said the government couldn't take their guns not that they had to buy one.
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    Re: Obama And Judicial Review

    Quote Originally Posted by thanatos144 View Post
    No they didn't...Again I know to you liberals it is hard to understand personal responsibility but they said the government couldn't take their guns not that they had to buy one.
    Wrong. In 1792 congress passed the Milita Act. Every able bodied man had to join their state militia and had to provide their own weapons.... and not just any weapons but certain types and amounts of weapons and ammunition

    The second Act, passed May 8, 1792, provided for the organization of the state militias. It conscripted every "free able-bodied white male citizen" between the ages of 18 and 45 into a local militia company overseen by the state. Militia members were to arm themselves with a musket, bayonet and belt, two spare flints, a cartridge box with 24 bullets, and a knapsack. Men owning rifles were required to provide a powder horn, 1/4 pound of gun powder, 20 rifle balls, a shooting pouch, and a knapsack.[4] Some occupations were exempt, such as congressmen, stagecoach drivers, and ferryboatmen. Otherwise, men were required to report for training twice a year, usually in the Spring and Fall.

    So... can you explain how congress passing a law requiring people to buy this equipment is different from passing a law requiring people to buy insurance? Why is one constitutional and the other not?
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    Re: Obama And Judicial Review

    Quote Originally Posted by Unique POV View Post
    Wrong. In 1792 congress passed the Milita Act. Every able bodied man had to join their state militia and had to provide their own weapons.... and not just any weapons but certain types and amounts of weapons and ammunition

    The second Act, passed May 8, 1792, provided for the organization of the state militias. It conscripted every "free able-bodied white male citizen" between the ages of 18 and 45 into a local militia company overseen by the state. Militia members were to arm themselves with a musket, bayonet and belt, two spare flints, a cartridge box with 24 bullets, and a knapsack. Men owning rifles were required to provide a powder horn, 1/4 pound of gun powder, 20 rifle balls, a shooting pouch, and a knapsack.[4] Some occupations were exempt, such as congressmen, stagecoach drivers, and ferryboatmen. Otherwise, men were required to report for training twice a year, usually in the Spring and Fall.

    So... can you explain how congress passing a law requiring people to buy this equipment is different from passing a law requiring people to buy insurance? Why is one constitutional and the other not?
    They could have moved................Again no one was forced to own a gun for being alive. by the way the draft isnt something new. It was standard practice here till about 50 years or so ago. It would also seem pretty stupid to be a soldier and not be armed.....Well maybe not to a liberal who thinks wars should be fought with hugs and rainbows and that no matter what the USA is the bad guy.
    Last edited by thanatos144; 04-15-2012 at 02:57 PM. Reason: bad math
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    Re: Obama And Judicial Review

    Quote Originally Posted by thanatos144 View Post
    They could have moved................Again no one was forced to own a gun for being alive. by the way the draft isnt something new. It was standard practice here till about 40 years or so ago. It would also seem pretty stupid to be a soldier and not be armed.....Well maybe not to a liberal who thinks wars should be fought with hugs and rainbows and that no matter what the USA is the bad guy.
    They could have moved.... out of the country. This was a federal law and affected all able bodied men of age in the entire country. And this is not about a draft. It is about requiring people to purchase specific items. Read the list again. The federal government did not draft these men and then provide these weapons for them. It drafted these men and then required they supply these specific weapons for themselves.
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    Re: Obama And Judicial Review

    Quote Originally Posted by thanatos144 View Post
    Funny how you show your ignorance that they didnt demand the people buy insurance just cause they are born. There is a difference to regulate a trade and regulating people life.....But liberals like you cant understand this.
    NOTE: In a study by the kaiser foundation (published in SENIOR NEWS) it was revealed that 70% of Americans want "Medicare" to continue "as is" and making sure everyone gets the same defined benefits.
    Laws are purchased-Justice with blood.

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    Re: Obama And Judicial Review

    Quote Originally Posted by Unique POV View Post
    They could have moved.... out of the country. This was a federal law and affected all able bodied men of age in the entire country. And this is not about a draft. It is about requiring people to purchase specific items. Read the list again. The federal government did not draft these men and then provide these weapons for them. It drafted these men and then required they supply these specific weapons for themselves.
    The draft did not make you own a personal gun. A state millitia was regulated by the STATE not the federal government.
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    Re: Obama And Judicial Review

    Quote Originally Posted by skeptic1 View Post
    NOTE: In a study by the kaiser foundation (published in SENIOR NEWS) it was revealed that 70% of Americans want "Medicare" to continue "as is" and making sure everyone gets the same defined benefits.
    70% of seniors does not make 70% of Americans
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    Re: Obama And Judicial Review

    Quote Originally Posted by thanatos144 View Post
    The draft did not make you own a personal gun. A state millitia was regulated by the STATE not the federal government.

    Again... I'm not talking about a draft. I'm talking about the militia act 1792 that required men to own certain weapons. The militia act was a FEDERAL law requiring every man in the COUNTRY to join their local militia... and to provide their own weapons. I posted a synopsis of this FEDERAL law enacted by CONGRESS that made these requirements quite clear. Read it again.
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    Re: Obama And Judicial Review

    Quote Originally Posted by Unique POV View Post
    This was a federal law and affected all able bodied men of age....
    So, by your own admission what you are referring to did not apply to everyone, only the lawfully determined militia.
    "No free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue; and by a frequent recurrence to fundamental principles."
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    Re: Obama And Judicial Review

    Imageine telling all your friends you're not an able-bodied man.
    You should always have an informed opinion, so after I inform you, please feel free to express my opinion...USCitizen

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    Re: Obama And Judicial Review

    Quote Originally Posted by JohnLocke View Post
    So, by your own admission what you are referring to did not apply to everyone, only the lawfully determined militia.
    So then if the insurance mandate only applied to able bodied men between the ages of 18-45.... THEN it would be constitutional?
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    Re: Obama And Judicial Review

    Quote Originally Posted by Unique POV View Post
    Wrong. In 1792 congress passed the Milita Act. Every able bodied man had to join their state militia and had to provide their own weapons.... and not just any weapons but certain types and amounts of weapons and ammunition

    The second Act, passed May 8, 1792, provided for the organization of the state militias. It conscripted every "free able-bodied white male citizen" between the ages of 18 and 45 into a local militia company overseen by the state. Militia members were to arm themselves with a musket, bayonet and belt, two spare flints, a cartridge box with 24 bullets, and a knapsack. Men owning rifles were required to provide a powder horn, 1/4 pound of gun powder, 20 rifle balls, a shooting pouch, and a knapsack.[4] Some occupations were exempt, such as congressmen, stagecoach drivers, and ferryboatmen. Otherwise, men were required to report for training twice a year, usually in the Spring and Fall.

    So... can you explain how congress passing a law requiring people to buy this equipment is different from passing a law requiring people to buy insurance? Why is one constitutional and the other not?
    Militia power vs. commerce power. That's like saying if Congress can punish counterfeiting, how come they can't punish murder?

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    Re: Obama And Judicial Review

    Quote Originally Posted by adaher View Post
    Militia power vs. commerce power. That's like saying if Congress can punish counterfeiting, how come they can't punish murder?
    Once again... Had the govt supplied the militia with weapons... you'd have a valid point. They did not. It required the men to purchase their own supplies, and not only that... but specific types and quantities.

    But if you want to go the commerce route... how does healthcare not qualify as commerce? How many healthcare supplies never cross any state lines?
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    Re: Obama And Judicial Review

    The government cannot create commerce in order to regulate it. The government can create a militia in order to regulate it.

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    Re: Obama And Judicial Review

    Quote Originally Posted by Unique POV View Post
    So then if the insurance mandate only applied to able bodied men between the ages of 18-45.... THEN it would be constitutional?
    No. This was already covered.

    Quote Originally Posted by JohnLocke View Post
    Obamacare is not a tax. They argued that repeatedly in the debates when it was deliberated in Congress and the lower courts. There are reasons they specifically argued it is not a tax. Why do you talk financing this socialist utopia via taxes when Obamacare is not a tax? You seem confused.


    It is tyranny. To be crystal clear, the national defense provision was the militia - not every person but a subset of the able bodied - being required to "provide themselves" with certain provisions for the defense of the nation. This could have been acquired in all kinds of ways other than commerce, e.g., non-able bodied donating it, handed down from older relatives or friends, barter, or they could have made it themselves, etc. This is different from compelling everyone to engage in commerce.

    You cannot see the difference between the general government performing its primary function of national defense from conviscating 1/6 of the economy that is not even an enumerated power? Construing "the power to regulate commerce" as "the power to compel commerce" is a quintessential example of tyranny. A judge called such construction "the do whatever you want clause." Such construction makes a mockery of the very concept of enumerated powers.

    Another thing worth mentioning is citizens being required to "provide themselves" with a musket is one time event (tax as in "sales tax"). Paying insurance is ongoing (as in "property tax" = slavery).
    "No free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue; and by a frequent recurrence to fundamental principles."
    -- Patrick Henry

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