Page 1 of 1
Judicial precedent
Posted:
Fri Sep 07, 2012 7:23 pm
by Ron W
Judges often seem to prefer judicial precedent over the plain wording of the U.S. or State Constitutions, so here it is re: Article I, Section 26 of the Tennessee State Constitution:
"By this clause of the Constitution, an express power is given and secured to all the free citizens of the State to keep and bear arms for their defense, without any qualification whatever as to their kind or nature..." --Tennessee Supreme Court, 1833 (seen in a recent issue of Shotgun News)
Re: Judicial precedent
Posted:
Sat Sep 08, 2012 12:05 am
by Fred762
Now now...what is it you want? How about VT-style OC and CC w/o permits?? Shame on you! Why, say the libs, we'd have Dodge City all over the state!!! Eeeeeeekkkk! No, we'd have really POLITE citizens all over the state!!
The same argument can be made for the 2A of the US Constitution..it plainly says Right of the PEOPLE to KEEP and BEAR ARMS shall not be infringed. Simple wording. The fact that we are all in the militia is also outlined.
Remember..'gun control' is NOT really about guns, it is about control. It is not about crime either..crime is allowed by the state....allowed bks IF they wanted to really stop most crime, criminals would be more seriously punished.
Re: Judicial precedent
Posted:
Sat Sep 15, 2012 8:24 am
by Ron W
Rght Fred,
"Militia" in the 2nd Amendment references Article I, Section 8.15-16 of the U.S. Constitution by which the Federal Government is RESTRICTED to only governing "such part of the militia" that is called into service and EMPLOYED by it. Therefore all Federal gun laws that in any "infringe on the right of the people to keep and bear arms" are unconstitutional and therefore UNLAWFUL.
Also rights enumerated in State Constitutions, like Article I, Section 26 of the Tennessee State Constitution, supercede the Federal Gov't's "delegated powers" according to the 9th and 10th Amendments of the Bill fo Rights.
Re: Judicial precedent
Posted:
Sat Sep 15, 2012 8:29 am
by Ron W
And yes, according to the wording of Article I, Section 26 of the Tennessee Constitution's Declaration of rights, we should have open carry of ANY weapons without permit here in Tennessee according to our enumerated right. Requiring a permit to exercise a right is UNLAWFUL. The only power the Legislature has is re: "the wearing of arms", that is how one carries it, i.e., holstered or slung, etc. That is they could only legislate that a handgun should be holstered and a rifle or shotgun have a sling nd carried that way when being carried in public.
Re: Judicial precedent
Posted:
Sun Oct 07, 2012 6:31 am
by Fred762
So..what this means is simple: this is an example of the two-tiered legal system we have allowed our politicians to implement in the state.. Two-tiered bks there seems to be one set of rules for theRULEES..like U and me, the working stiffs of Tennessee, and another set of rules for the RULERS: judges, politicians, lawyers etc etc. Some have called it a Good ole Boy system even. Like I say: guns have only 2 enemies: RUST and POLITICIANS. Maybe we should add.."and Judges" ??????
Personally I feel safer when everyone is armed..say like at a gun shop, gun range or a gun SHOW.. When was the last time a mugging happened at a gun show?
Re: Judicial precedent
Posted:
Tue Oct 09, 2012 3:21 pm
by Idahoser
oh you had the judges covered with politicians, they most certainly are