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Originally Posted by Tony_SS
Tyrants are voted into power. My grandfather had the misforture of being in the Nazi army and was a Russian prisoner of war. My dad fled that country post WW2. So trust me, I know all about the Hell that country turned into - at the hands of voters. So the idea that some sort of democracy can not become tyrannical is naive at best. Besides, our country is a Constitutional republic.
As for your Supreme Court argument. One response. Dred Scott. That one surely didn't hold up.
The Supreme Court hands down opinions. Congress makes the laws. And unconstitutional laws are not laws.
Now regarding the 2nd. Gary, do your homework. This country was founded as a response to tyranny under the rule of king, it was not setting up a new king and his army.
The 2nd is in fact a check to the power of a federal govt. The whole system was designed with checks and balances, as a Republic, under the rule of law, not under the rule of men, a king or his army. Because this country declared independence from a tyranny, not to establish a new form of it. The 1st, 2nd and the whole Bill of Rights tries to secure that. The bill of rights does not grant us rights, it limits the power of a federal govt over individuals.
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Your arguments fascinate me. Just like your argument about the 10th amendment. You always seem to use quotes from someone's statement of opinion. The Supreme Courts "opinions" as you call them are in fact called rulings. They are case law, and they are the supreme case law of the land and all states MUST follow them.
Do you know why abortion is legal in every state? Because the Supreme Court says so that's why.
Do you know why the local police as well as the sheriff's department can raid marijuana stores in states that have legalized it? Because the Supreme Court says we can.
Do you know why I had to read every scumbag his Miranda Rights if I wanted to use his statement's in court? Because the Supreme Court told me I had to that's why.
If you think The Supreme Court's decision in 1951 is just an "opinion" why don't you and your buddies form a militia group and walk down Pennsylvania Avenue with assault rifles. Shouldn't be a problem right. When the police stop you, just tell them you don't agree with Supreme Courts decision on Dennis vs. The United States and you are headed to overthrow government. Please be sure to report back to lateral-g so I know how that turned out for you.
The U.S. Supreme Court is the highest court in the nation. Its decisions set precedents that all other courts then follow, and no lower court can ever supersede a Supreme Court decision.
In fact, not even Congress or the president can change, reject or ignore a Supreme Court decision. American law operates under the doctrine of stare decisis, which means that prior decisions should be maintained -- even if the current court would otherwise rule differently -- and that lower courts must abide by the prior decisions of higher courts. The idea is based on a belief that government needs to be relatively stable and predictable.
In regards to me doing my homework on the second amendment, perhaps you can just educate me. Please point me in the direction of a legal document, the article of the Constitution, or any law that over turns the Supreme Court decision of 1951 where it states the people have the right to defend themselves against a tyrannical government. If you can show me that which is not some quote you found on the internet of some professor's personal opinion, I will bow my head to you and apologize for my ignorance.