Adagio
Well-known member
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the commerce clause was a dishonest basis of power
You still haven't made an argument as to why the supreme sovereign should have less powerful weapons than our public servants. And you still haven't made a sensible argument on why there should be a magazine limit and what it should be
You also miss the fact that at what point does a limit violate the constitution. Reading Miller and Heller establishes that a 17 round handgun is clearly protected, scalia refused to actually say what you wanted
" really horrible weapons" well cops don't carry those. location limitations
When asked about weapons that can fire 100 rounds in a minute, he said the amendment doesn't apply to stuff that cannot be carried. cannons. I sure didn't hear anything that supports banning common police weapons that are everywhere such as 17 shot handguns or select fire carbines that national guardsmen all are issued
nice try though but it doesn't support your claims
the commerce clause was a dishonest basis of power
No it wasn't. But it's not surprising that a self described Libertarian would think that since it was pretty much established during the FDR period. West Coast Hotel Co v. Parrish. (1937) upheld a state law mandating a minimum wage for women. It rejected the Lochner-era assumption that an unregulated market economy provided fair opportunities for the exercise of natural liberty. The court wrote, "the exploitation of a class of workers who are in an unequal position with respect to bargaining power and are thus relatively defenseless agains the denial of a living wage is not only detrimental to their health and well-being, but casts a direct burden for their support upon the commuity". In this formulation, an unregulated "free martket" is neither sacrosacnt nor even presumptively just. The government violates NO protected liberty when it identifies economic "exploitation" and enacts regulatory legislation to correct it.
You still haven't made an argument as to why the supreme sovereign should have less powerful weapons than our public servants. And you still haven't made a sensible argument on why there should be a magazine limit and what it should be
It's because we govern by consent of the "supreme sovereign' otherwise known as the people. Much of the background formation of this country rests on John Locke. A democratically elected government has the right to tax people. It involves taxation with consent. It requires consent of the governed, but not the consent of each individual. It requires a prior act of consent to join the society to take on the political obligations. Once you take on that obligation, you agree to be bound by the majority. . Again, consent is not from the individual, but rather comes from the agreement to join the society and be bound by the decisions of the majority.Limited government is only limited in the sense that it cannot be arbitrary and must govern by generally applicable laws. That’s Locke!
The authority to regulate the kind of weapons available to the public and size of the magazine is vested in the government through the consent of the people.It isn't arbitrary. It is generally applicable law. It doesn't say that YOU cannot own these items. It applies to everyone. And the people decide on whether weapons used by the military can be made available to the public and what size magazines are available. So the government does have that authority. As for your question on why a limit should be imposed, that is always going to be a matter of descretion on what is in the public interest with regards to the safety of the people. You may feel that you have the right to own a Stealth Bomber...after all whatever the government or military has at its disposal should also be at yours, however you have no need to own such a thing which has no purpose other than military. They aren't for sale to the public.
You have no reason to assume that anything that is provided for the military should or ought to be provided to the public.They aren't like the public sector in any way. The military doesn't function like any part of our society. It's the single most socialistic system that we have. They don't operate on the same economic structure as civilians, they get free medical, housing subsidy's, they are provided weapons training as integral to their job. There is no reason to view them as equivelant to civilian society. They function in a totally heirarchal structure. There is nothing democratic about it. Why would you or anybody assume that the public at large should or ought to function in the same way. They're a completely different society.
I sure didn't hear anything that supports banning common police weapons that are everywhere such as 17 shot handguns or select fire carbines that national guardsmen all are issued
Assuming that you know something about logic, Argumentum ex Silentio; The fallacy that if sources remain silent or say nothing about a given subject or question this in itself proves something about the truth of the matter. Maybe you missed that course at school. Just because Scalia said nothing about the issue doesn't prove that the issue is determined as true. What he said is that those issues would need to be addressed as they come up, and that there are surely some restrictions that would apply.
I'm curious about your stated Libertarianism. Does that mean you are pro-choice when it comes to abortion rights? If you're a Libertarian, you'd have to be. You could hardly call yourself a Libertarian and violate the most basic principle of Libertarianism..the right to your own person.