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To
14/12/2000 16:30:30
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Forum:
Politics
Category:
Other
Title:
Miscellaneous
Thread ID:
00443455
Message ID:
00453642
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28
>PMFJI, but isn't this obviously an argument over semantics?

Not really. I think Garrett's statement is a too sweeping. Garrett does what many do. Either take a portion of a sentence out of context or leave a word or two out. Leaving portions of sentences out is what the gun lobby does. The sad thing is that people know this. Many lawmakers however, are in the backpocket of the NRA...So, the status quo remains.


It is also important to note that the constitution is an outer bound. i.e., unless the congress is explicitly forbidden - 1st amendment, etc. - congress can enact statutes that restricts what the constitution provides. For example, Article III, Section 2, Clause 1 provides a broad view of what constitutes subject matter jurisidiction of the federal courts. Yet, the congress has enacted statutes that limit jurisdiction. If you are somebody who desparately wants to get into a federal court - by reading Article III - you would say that the constitution grants that right to me. Yet, one really needs to look at sections 1331 and 1332 of the judicial code to see where that right really exists. Futher, where there are no stautory provisions - you then have to go to the opinions of the Supreme Court. Personal Jurisdiction. Believe it or not, a state's long arm statute can go beyond what is provided for in the 14th. amendment and your rights to due process. For one thing, you can waive the issue of personal jurisdiction. We do it all the time when we sign contracts. Ultimately, whether the Long Arm is constitutional is not found in the constitution per se, rather, that question is solved by analyzing the facts of a specific case to 4 seminal cases to see if minimal contacts exist with a forum state...

The long and short of it - it is anything but semantic. I love the folks who like to beat the constitution over the heads of people - as if it was the constitution alone that determines the issue. And of course, I love the gun-nazis of the world that beleive that their rights to "bear arms" is one that should never be abridged or controlled.

I don't know about you, but I find it necessary to use an uzi for deer and squirrel hunting. ...< bg >...


< JVP >
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