Supreme Court Upholds Gun Right

In short, yes.



That site is actually a fairly good breakdown to Australian gun laws and why we have them. It gives arguments for both sides basically.


Doesn't work that way BR. You need to understand the concept of common law and its acceptance in Australia.

Firstly, while Australia has a common law system, statutes will trump common law in the Australian legal system. And while the right to bear arms may have been mentioned in the English Bill of Rights, Australia did not accept said "Bill" when we became an independent nation. We formed our own constitution without a Bill of Rights. Any precedents that may have existed under common law in regards to the right to bear arms was trumped by the gun laws that the State Government and the Federal Governments in Australia decided to adopt. You also need to take into account that the framers of Australia's Constitution rejected the idea of incorporating a Bill of Rights into the Constitution, preferring instead for rights and protection to be conferred by the States and Federal Parliament.

Another thing you need to realise is that the laws of the UK have absolutely no bearing in Australia. And the English Bill of Rights is a law enacted by the British Parliament in 1689. The laws of the UK ceased to have any bearing in Australian law in 1986, when Australia cut its final legal ties with Britain with the passing of the Australia Act 1986.

I hope that has cleared up some of your confusion in regards to the Australian legal system.

Yes, but that doesn't change the fact that Australian have had to give up their rights, as codified in English Law, because people like you think safety lies with the Governemnt, but that doesn't mean that they don't exist, the rights of a free man exist independent of the Government as a natural right, given by the Creator.

And the English Bill of Rights is a law enacted by the British Parliament in 1689

And Australia was founded as a Colony of England, governed under English Law, with the people, being subjects of the British Kingdom.

When Australia received is Independence, it's Laws were the Laws of England, both codified and common.
 
In short, yes.



That site is actually a fairly good breakdown to Australian gun laws and why we have them. It gives arguments for both sides basically.


Doesn't work that way BR. You need to understand the concept of common law and its acceptance in Australia.

Firstly, while Australia has a common law system, statutes will trump common law in the Australian legal system. And while the right to bear arms may have been mentioned in the English Bill of Rights, Australia did not accept said "Bill" when we became an independent nation. We formed our own constitution without a Bill of Rights. Any precedents that may have existed under common law in regards to the right to bear arms was trumped by the gun laws that the State Government and the Federal Governments in Australia decided to adopt. You also need to take into account that the framers of Australia's Constitution rejected the idea of incorporating a Bill of Rights into the Constitution, preferring instead for rights and protection to be conferred by the States and Federal Parliament.

Another thing you need to realise is that the laws of the UK have absolutely no bearing in Australia. And the English Bill of Rights is a law enacted by the British Parliament in 1689. The laws of the UK ceased to have any bearing in Australian law in 1986, when Australia cut its final legal ties with Britain with the passing of the Australia Act 1986.

I hope that has cleared up some of your confusion in regards to the Australian legal system.

Yes, but that doesn't change the fact that Australian have had to give up their rights, as codified in English Law, because people like you think safety lies with the Governemnt, but that doesn't mean that they don't exist, the rights of a free man exist independent of the Government as a natural right, given by the Creator.

And the English Bill of Rights is a law enacted by the British Parliament in 1689

And Australia was founded as a Colony of England, governed under English Law, with the people, being subjects of the British Kingdom.

When Australia received is Independence, it's Laws were the Laws of England, both codified and common.


How many more Australians will end up raped, battered, robbed, and murdered for you to justify your false scenes of security, what are you going to do when some cretins crashes into your home, some day, to rob, rape, batter or murder you, or your family, your children, call the police, and then wait? for how long? how long will it take the Police to respond............long enough to get some one killed?

It doesn't matter if you are killed with a knife, or a gun, or a cricket bat, you are still dead, and Australia's Crime rate is rising, precipitously.
 
Case in point: Minnesota's concealed-carry permits were issued on a "prove you need one" basis until recently. So any white man who carried cash on his job could get one. And guys like one of my co-workers could get them - he told his local sheriff that he sometimes had to park his work truck in a neighborhood with a lot of niggers. But nonwhite nonmen without money to protect, such as the hotel maids waiting for buses at 2AM ? No permit for them. They might shoot somebody, it was feared.
Without a doubt, gun control laws in the United States have been created or exploited to racist ends since pretty much forever:

http://www.firearmsandliberty.com/cramer.racism.html
 
Isn't it funny that even most of the liberals from the US on this board are pretty much pro-gun. Also, it seems as if the Aussies are the most vociferously anti-gun. Is that because they've only recently banned guns and still have the fervor of recent converts?
 
Isn't it funny that even most of the liberals from the US on this board are pretty much pro-gun.
Why is it funny? The platform of unfettered firearm ownership typifies the traits of liberalism; personal liberty, equality, and limitations of the powers of government. Classical liberalism and modern/social liberalism alike both place a premium on certain inalienable human rights, upon which many types of gun controls are viewed as an infringement.
 
Yes, but that doesn't change the fact that Australian have had to give up their rights, as codified in English Law, because people like you think safety lies with the Governemnt, but that doesn't mean that they don't exist, the rights of a free man exist independent of the Government as a natural right, given by the Creator.

*Sigh*

It doesn't work like that BR. Gun laws were deemed to be the responsibility of each colony in Australia. That means that the ruling body in each colony enacted gun control laws. Australia was a penal colony, so gun laws had to be in place to ensure the convicts did not try to overrun those guarding them. While some convicts were allowed firearms to hunt or to help control the Indigenous population, there were laws and rules in place on the ownership of guns even back then. Once Federation occurred, such laws were under the control of each State (formerly known as colonies).

Each State has its own ruling body (State Governments) and they were the ones to determine the gun laws in their State. That is why the writers of our Constitution did not 'enshrine' the right to bear arms into our Constitution. They kept the system the English had established and that was simply to the fact that gun control laws and regulations were to be determined by each colony (State) in Australia.

While the right to bear arms existed under British common law, the fact you keep missing is that common law is trumped by statute law. And in Australia, as in the UK, gun laws are statutes. For example, if a precedence exists in regards to the right to bear arms (precedence being the mainstay of common law) and there is a statute which regulates gun control, that statute will take precedence when applied in a court of law. Common law is only referred to if there are no statutes in place to cover a certain area.

Now do you get it?

While you may think God gave you the right to bear arms, it doesn't work that way in Australia or the UK.

And Australia was founded as a Colony of England, governed under English Law, with the people, being subjects of the British Kingdom.

When Australia received is Independence, it's Laws were the Laws of England, both codified and common.
Refer to above. And no, Australia, as a colony, had developed its own laws and regulations different from England even before Federation.

How many more Australians will end up raped, battered, robbed, and murdered for you to justify your false scenes of security, what are you going to do when some cretins crashes into your home, some day, to rob, rape, batter or murder you, or your family, your children, call the police, and then wait? for how long? how long will it take the Police to respond............long enough to get some one killed?
I hear violins.:bugeye:

Seriously.. Dude.. What the hell?

I could take your emotional tactic and remind you that firearms injuries remain a leading cause of death in the US, especially amongst the youth of your country, but I doubt it would sink in.

It doesn't matter if you are killed with a knife, or a gun, or a cricket bat, you are still dead, and Australia's Crime rate is rising, precipitously.
And what do you think will happen to our crime rate if guns were more widely available? What do you think will happen to the domestic violence rates of death if guns were more widely available, for example?

As for our crime rates. Yes, it is rising, but that is partially due to the fact that those rates also factor in crimes against children (those under 15 years of age), which has almost doubled in recent times. And the reason it appears to be rising is because more people are willing to come forward to report a crime committed against them. Especially when it comes to children. More children are coming forward and reporting assaults and abuse, which can be attributed to the fact that children are now becoming more aware that child abuse in Australia is not to be tolerated. Our homicide and robbery rates have decreased overall, however. This study might enlighten you on that.
 
I didn't address it sweetheart because I assumed you had the ability to figure it out. It seems I misjudged you. An increase in homicides and robberies is not directly attributed or caused by Australia's gun laws.

What evidence can you provide to demonstrate that the increase in homicide and robberies is NOT directly attributed/caused by Australia's gun laws? He who asserts must prove, and I'd love to see you this back up. Remember... sniff sniff: I smell a correlation. After institution of these new gun laws, homicide and armed robbery increased. So obviously, institution of harsher gun laws increases the rate of homicides and armed robbery.

Now, unless you have some proof that gun restrictions somehow equals more homicides and robberies in Australia, your point is quite moot.

STOP THE PRESS!

Did you just admit that an apparent correlation does not necessarily = causation? :eek: (By the way, I hope you know the difference between correlation and causation. Two events may apparently be correlated, yet that does not mean that one causes the other).

But from what I quoted above, I'm assuming that you admit that correlation does not necessarily = causation. No doubt you are now going to remain consistent, and admit that a decrease in firearm violence after the implementation of new gun laws is not evidence that this decrease in gun violence is directly attributed/ caused by those gun laws? You're also going to admit that simply because we haven't had a shooting spree for a mere 6 years, isn't evidence that the laws implemented are responsible for preventing shooting sprees.

After all, you can't have your cake and eat it too.

On the contrary, if guns were more widely available in Australia, there would most probably be more homicides and robberies, not less.

Speculation, and given that there are many experts who disagree with you, I'd say that the jury is still out on this matter. However, common sense tells me that criminals who suspect that their potential victim is armed will be more reluctant to rob them.

Again, it wasn't a carjacking. Don't you even read your own links?

My mistake.

So the shooter pulled a gun simply because two men came to assist the woman. Since assisting the woman made the situation infinitely worse, perhaps we should legislate against bystanders intervening to defend others. No doubt that would have prevented unnecessary deaths in this instance.

And I stand by my statement that if any one of his victims had a gun, they most likely could have ended the situation in a fashion more favourable to them.

So how exactly would this situation have been made better with guns? She pull the gun on him in the cab? The two bystanders approach with guns drawn, ordering her away from the distressed woman? Can you see now what I was getting at?

Once the victims saw him draw, they could at least attempt to draw their own weapons and fight back. This is all hypothetical, of course, they might be too slow on the mark. But at least they would have had a fighting chance, instead of being sitting ducks. I hold to the philosophy that if the attacker has a gun, my chances of survival increase if I'm armed.

Domestic violence would be a bigger issue if there were firearms in the house, for example.

Conjecture.

And yes, I believe I did address your observation about toy guns. Do I think it's gone too far? Maybe.

Maybe? I sort of expected and empathatic 'YES!'.

But the fact of the matter is we have had incidents where toy guns were pulled on police. Toy guns have also been used in robberies. The police demanded that such toy imitation guns not be made available. Hence why they were pulled from the market.

But as I keep pointing out, you can use almost any weapon to commit a robbery. So if you're going to ban and tightly legislate against toy/replica guns because of their potential to commit robberies, you'd need to legislate against axes, machetes, knives, syringes, and a myraid of other of objects.

As for weapons like axes, they are not more deadly than a single-shot pistol.

No way. A single shot pistol from the sixteen hundreds is less dangerous than a fire axe. I'd consider my chances of survival higher if someone came at me with a shitty single shot antique pistol than a fire axe. And personally, I'd rather be shot than have hunks of my flesh literally hacked off.

My apologies MH. Sick child takes precedence.

That's OK, Bells. We had a total 14 hour drive to attend my Uncle's funeral. My previous post was typed at 5:30 in the morning, heh.

Knives are regulated in this country. It is illegal to own or buy certain types of knives. And if you are spotted walking around with a machete or a knife in a public place, you can be arrested.

Yet you can purchase many knives which are capable of doing grievious harm, without declaring intent. And yes, you can't carry around a machete in public, but machetes don't come even close to being as tightly regulated as single shot 16th century pistols. You don't need a collector's license, you don't need to declare intent, you don't need to lock it in a safe, you don't need a background check.

Same with a gun. If you are spotted walking around with a gun, you'll probably be stopped by the police. As goes for a syringe or machete, or an axe.

If you are spotting walking around with a tire iron or iron rod, you'd probably be stopped by the police. That's irrelevant to the observation that tire irons, syringes, machetes, axes, syringes etc. don't even come close to be as legislated against as real or replica guns.I find this inconsistent, Bells. Why don't you? :shrug: Can't you see that guns, both real and fake, are the bogey man of Australian society? I see past the hype and fear mongering, why don't you?

I think I could tell the difference between a hard metal object and a finger. I doubt they make spongy guns.

I think I couldn't, and I doubt many Australians could. Maybe you are exceptional, but if I felt something poking into my back and the attackers screamed he had a gun, I'm hardly going to risk testing to see if it is indeed a gun.

If you can't tell the difference between a finger and a gun, then you have issues MH. Another hard object like a thin piece of pipe, yes, then I'd agree with you, it would be hard to tell the difference. But a finger? Dude..

Two fingers.

But wait... you admit that even a thin piece of pipe can be used in a robbery? So why don't we legislate against pieces of pipe?

All this demonstrates to me is that if someone wants to commit a robbery, they will use whatever object is available to them as a weapon/imitation weapon, from toy guns, axes, syringes, to pieces of pipe and there own fingers! And the same goes for serial killers and psychopaths. Witness the murder in NSW which occurred just yesterday (?), where an elderly man hacked three of his family members to death with an axe, and wounded the fourth.

http://www.abc.net.au/news/stories/2008/06/30/2290277.htm?site=riverina

You referred to farmers above.. those who live in highly remote regions. If your parents wish to apply for a firearms license for shooting game or sick livestock for example, they may be able to acquire one. You can always ask at your local police station.

What on earth? You're doing an Orleander, Bells. While farmers are definitely live in rural and remote areas, farmers aren't the ONLY people who live in such environments. For example, the Aboriginals up North live in remote areas, yet they definitely aren't farmers. I live in a country area, but not on a farm. Most citizens in a small country towns aren't farmers.
Again, I repeat: RURAL/REMOTE =/= (ie. does not equal) FARMERS. In otherwords, non-farmers who live in these areas can't purchase firearms, as self-defense isn't a valid reason for firearm purchase.

I'm going to summarize my points, Bells, because apparently a couple of them are flying right over your head.

1. A decrease in gun violence, or an absence of a shooting spree in 6 years is not evidence that the gun laws instituted have been successful, as an apparent correlation does not automatically imply causation.
This is evidenced by the fact that robberies and homicides have increased in response to these laws, and that no shooting sprees occurred for nine years in the ABSENCE of these laws.

2. In general, an armed potential victim has a better chance of survival against an armed attacker than an unarmed victim. Also, armed citizens are more of a deterrant for criminals than unarmed citizens.

3. Using the argument 'Well, they can be used in robberies' to justify the excessive and disproportionate legislation against guns (including toy and replicas) is bogus, in light of the fact that a myriad of objects can be used as weapons to perform a robbery, yet these objects are not legislated against to the same extent as guns, even guns which can't fire (toy guns, replicas).

4. Laws prohibiting 'conceal and carry' and the acquiring of hand guns for self defense are inherently sexist, as firearms equalize the discrepancy in physical strength between the genders.

5. Laws prohibiting 'conceal and carry' and the acquiring of hand guns for self defense are inherently discriminatory against those in live in rural and remote areas (rural and remote =/= farmers), as citizens who live in these areas are afforded less protection by law enforcement.
 
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This made me laugh:
How many more Australians will end up raped, battered, robbed, and murdered for you to justify your false scenes of security, what are you going to do when some cretins crashes into your home, some day, to rob, rape, batter or murder you, or your family, your children, call the police, and then wait? for how long? how long will it take the Police to respond............long enough to get some one killed? ”

I hear violins.

Seriously.. Dude.. What the hell?

I could take your emotional tactic and remind you that firearms injuries remain a leading cause of death in the US, especially amongst the youth of your country, but I doubt it would sink in.

You're criticising Buffalo for his 'appeal to emotion', when it was you who suggested that I ask families who lost their loved ones to gun violence as to whether they thought the current anti-gun legislation was ridiculous? Hilarious.

And Buffalo makes a fantastic point. What are you going to do if a criminal breaks into your house intent on harm, Bells? How will you defend yourself? Angry words and a stick? You might have made one cowardly unarmed guy turn tail with a key jab, but I wonder what you would do against a determined, violent armed criminal?

Will you be like that little grandma who was had her bones broken by a black thug, and then languished in her home for days because she was too scared to go to the hospital. And by the time she got to the hospital... too late.

And yeah, that's a bit of an appeal to emotion, but it's also highly relevant. You haven't provided a viable alternative as to how one defends themselves against a violent, stronger/armed criminal. Suck their cock until the cops arrive? Tell them politely to please remain where they are while they are until law enforcement gets there? Place them under citizen's arrest, restraining them with, umm, well... Oh, never mind.
 
*Sigh*

It doesn't work like that BR. Gun laws were deemed to be the responsibility of each colony in Australia. That means that the ruling body in each colony enacted gun control laws. Australia was a penal colony, so gun laws had to be in place to ensure the convicts did not try to overrun those guarding them. While some convicts were allowed firearms to hunt or to help control the Indigenous population, there were laws and rules in place on the ownership of guns even back then. Once Federation occurred, such laws were under the control of each State (formerly known as colonies).

As you said, penal Colony, No one argues that keeping guns out of the hands of criminals is good, but keeping the Upstanding unarmed just places tham at the mercy of the Criminal.

Now look at the transporties, sent to Australia for Stealing Bread? for being a Pauper?

And we can't have the slaves revoltiig now can we?

Captain Maconochie condemns the whole of the penal institutions of the colonies, and says that the bad state of society may be traced directly to their pervading and demoralising influence; he complains that physical coersion (by which he means flogging) is resorted to upon every little breach of regulation, &c. &c.; in short, he says, in so many words, that the settlers who have convicts assigned to them are slave-holders, and the assignees slaves. (62).



Each State has its own ruling body (State Governments) and they were the ones to determine the gun laws in their State. That is why the writers of our Constitution did not 'enshrine' the right to bear arms into our Constitution. They kept the system the English had established and that was simply to the fact that gun control laws and regulations were to be determined by each colony (State) in Australia.

It doesn't matter if it is the State or the Crown, the right was codified in
English Law and Bill of Rights, the Rights of a free man, his natural rights, to defend himself from attack by criminals.

Just because you wish to be a victim, why do you have to force everyone else into the same state of danger?

Even in nature animals defend their young, and dens, even the Chimpanzees uses weapons for defence.

While the right to bear arms existed under British common law, the fact you keep missing is that common law is trumped by statute law. And in Australia, as in the UK, gun laws are statutes. For example, if a precedence exists in regards to the right to bear arms (precedence being the mainstay of common law) and there is a statute which regulates gun control, that statute will take precedence when applied in a court of law. Common law is only referred to if there are no statutes in place to cover a certain area.

Common law is the basis for Statute Law, and Common Law, is as the Common Man would understand it.

And the Common Man understand the Right, to defend Himself, and Family, and Property.

Now just because you write Statute Law to restrict the freedom of bearing arms for self defence doesn't mean that right doesn't exist, it just means that you have usurped the rights of a free man, as codified in English Law, and The English Bill of Rights, which was the operative law at the time of the Founding of the Penal Colony of Australia, and the Free Men of Australia at that time had the Right to Keep and Bear Arms under the English Bill of Rights, and English Law.

Now do you get it?

While you may think God gave you the right to bear arms, it doesn't work that way in Australia or the UK.

God is not oprative in Austrilia?

The rights of a Free Man as stated, are Natural Right, and Natural Right give a Free Man the Right to defend Life, Family, Home.


Refer to above. And no, Australia, as a colony, had developed its own laws and regulations different from England even before Federation.

To what purpose? To control the Honest Citizen, the Free Man, did it do anything to stop the Criminal?

The Port Arthur massacre in 1996 transformed gun control thinking in Australia. Thirty five people were killed when Martin Bryant opened fire on tourists with two military-style semi-automatic rifles: an AR-15 and an L1A1 SLR. These weapons were of a type that was legal to possess in Tasmania at the time, but Bryant was ineligible for a firearm license and acquired the firearms illegally

He was already ineligable to own firearms, and he did so illegally.

What are you going to ban after the next mass shooting? and there will be another one, and it will be with a illegal weapon, so next are you going to ban the pictures of a weapon?



I hear violins.:bugeye:

Seriously.. Dude.. What the hell?

I could take your emotional tactic and remind you that firearms injuries remain a leading cause of death in the US, especially amongst the youth of your country, but I doubt it would sink in.

No, you are wrong, the most common cause of death among youth is auto accidents.

http://www.the-eggman.com/writings/death_stats.html

In the age range 15 to 25

Motor Vehicle:.............................................10,560

Unspecified nontransport accid'ts:...................648

Falls...........................................................237

Poisoning and Noxious Subst's.........................1,1060

Drowning.....................................................646

Exposure to Smoke, Fire, Flames......................192

Other Land Transport Accidents.......................243

Complications of Med/Surg Care........................32

Accidental Discharge of Firearms.......................202

And there is a problem with trying pin down deaths among Teens, all of the numbers that I can find break the age range down to between 15 and 25, so these numbers being quoted are skewed, by including people out side the teen age range.

Deaths from poisoning, and specifically from overdoses of over-the-counter (OTC), prescription and illegal drugs, is the fastest rising cause of accidental deaths. It rose 5 percent overall from 2006 to 2007, and increased more than 300 percent among white women in the last decade.

So you there are 13,8090 from all other causes death among young people, to 202 firearms related deaths.

Even if you take the age range from 1 year to 25 you only have 288 death due to firearms.

That is a 0.0000087% death rate due to fire arms in America.

So why don't you advocate the banning of Cars?

The death rate to cars is, 0.0003985%

You give up your right over .0000087%

Can you say Emotional Responce?

But You won't let facts stand in your way, will you.

And what do you think will happen to our crime rate if guns were more widely available? What do you think will happen to the domestic violence rates of death if guns were more widely available, for example?

It would go down, it has in everystate in America were firearms Conceled Carry has gone into effect.

As of now your violent crime rate is going up, and up, and up, and up, and all that has been accomplished is to make it safer for the criminal to ply his trade.

As for our crime rates. Yes, it is rising, but that is partially due to the fact that those rates also factor in crimes against children (those under 15 years of age), which has almost doubled in recent times. And the reason it appears to be rising is because more people are willing to come forward to report a crime committed against them. Especially when it comes to children. More children are coming forward and reporting assaults and abuse, which can be attributed to the fact that children are now becoming more aware that child abuse in Australia is not to be tolerated. Our homicide and robbery rates have decreased overall, however. This study might enlighten you on that.

Our homicide and robbery rates have decreased overall, however.

Yes? The reporting rules have been change, to spin facts, it depends on which reporting method is used, ANOC, ASOC, SAPOL, OCSAR

Recorded crime statistics - Reasons between the difference between ...
different counting rules (see point 3 below). South Australia is currently considering whether to change from using ANCO to ASOC. for state based reporting, ...
http://www.ocsar.sa.gov.au/docs/technical_papers/TPrc.pdf
 
you really have no idea do you?

Common law the basis for statutes?
dont make me LAUGH

Statutes are laws passed by the parliments of either the commonwealth or one of the states or territories. In the case of gun laws the consititution puts that in the hands of the STATES (not the people the state parliments) which is why howard needed to get the states to pass the laws rather than canberra passing the laws

Any law passed by a state trumps common law, if there is a common law precident its invalid. If the consitution alows the federal goverment to regulate an area the federal law trumps the state one AND any common laws relating to the area.

Common law is precident.

Statutes are ACTS of parliment

They have nothing to do with eachother. There is a third level called regulations, these are laws the goverment itself (where alowed by the statutes) has made laws. This also overule common law but are overruled by statutes
 
Common law is the basis for Statute Law, and Common Law, is as the Common Man would understand it.

Common law (and I think we had this debate once before) is not the basis for statutory law necessarily. Nor is it the law than the "common man" would believe exists.

There is a concept called "natural law" that suggests that there are certain precepts that exist (in an objective sense) that are often viewed as common sense principles or rights that, while the government may take them away from people, are nonetheless fundamental.

In contrast though, "common law" is just law made up by judges (one might add "unelected judges" though that need not be the case) without the input of the legislature or the people in any direct sense. That law then is deemed to have precedential value,and so is applied to subsequent cases through the application of stare decisis. Common law is not the law that the "common man" would recognize. The Rule Against Perpetuities is English common law and it limits bequests to future heirs to those heirs who will as a matter of logical necessity be alive within, at the latest, 21 years (plus a period of gestation) after the death of last identifiable individual living at the time the bequest became effective. It, notoriously, requires that you assume things like fertile 85 year old women (the "fertile octogenarian") and the famous "unborn widows" because those are not entirely impossible. Definitely common law (because judges made it up), but not exactly likely to occur to Joe Everyman.

There's a good enough explanation of it here: http://en.wikipedia.org/wiki/Common_law#1._Common_law_as_opposed_to_statutory_law_and_regulatory_law

As for natural law, Blackstone, in particular believed that judges do not invent the law, but "find" it. He believed strongly in natural law, as did most of the founders. Niggling problem: No two people ever agree fully on what natural law "says." (In fact, Black's dissent in Griswold v. Connecticut (which first found the the right of privacy that later was used in Roe v. Wade) charges his fellow justices with applying natural law, rather than the constitution...yet I imagine many people would disagree that Griswoldian privacy is an element of the invisible, background law of the universe.

It's a good platonic concept. We may have bad laws, but on a different plane of existence there must be the "perfect" set of laws of which actual laws are only a crude shadow. Blackstone, for example, believed that there was one definition of "property" and the job of courts was to find it and apply it as nearly as possible in their property law cases. If another jurisdiction or society used a different definition, or said that "land could never be property of a person" or simply had no notion of "property" at all, those systems are simply, objectively wrong.

It's not natural law was simple enough that the common man would have known what it was (Blackstone was clear enough that discovering it was the province of judges, legislatures and rulers...the educated, not the commoners), but I think its closer to your concept than Common Law, which is very different. ("Common" in this sense meant "public" or "general" as in "commonwealth" not necessarily "intuitive.")

Many statutes do arise out of the common law...in that the legislatures wanted to change the common law, so did. (The common law Rule Against Perpetuities being an excellent example.) There are not as many instances of statutes merely codifying common law wholesale.
 
the marrage act maybe one example you could use (though its one i disagree with). Until howard pushed that law through the definition of marrage being one man one women was in common law (infact that was an argument against the statute, that it was simply unnessary) but the parliment under howard took that definition into statute (my opinion is that he was afraid of what justice kerby would do if faced with a case challanging the common law definition because he is gay). Also most tort law is common law rather than satute law. Common law is also refered to in statute law for instance common law assult (which is a civil matter) is refered to in the crimes act
 
Heh, the Supreme court decides that weapons are a right. How long before it decides that killing is a right?

Did you ever hear of the right to self-defense.? The Supreme Court long ago has affirmed the right to self-defense. Your question is not a deeply thought out enquiry is it?

S.A.M.the framers of the constitution felt very, very strongly that a citizenry that is disarmed is a citizenry ruled by tyranny. The armed citizens are always a caution to those contemplating the use of domestic force to by pass the constitutional safeguards.

READ THE FOLLOWING:
aRTICLE i, SECTION 8 cLAUSES (15 AND 16, the clauses aren't numbered)
15 says: Con gress shall have the power to To provide for the calling forth the Milita to execute the Laws of the union, suppress insurrections and repel invasion.

16 says: To provide for the organizing, arming , and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of officers, and the authority of training the Militia according to the discipline prescribed by Congress.

Later, the 2nd Amendment was passed stating,
"A well regulated Militia being necessary for the secuirity of a ftree state the right of the people to keep and bear arms shall not be infringed."

Simple words. Who needs a panel of corrupt judges to tell us that gun ownershiop and possession is a personal right? The persons who do not or cannot read the constitution, too lazy, stupid, didn't think of , its all bull shit, whatever, right?

The Congress provides all armament etc for the Militia, so what then is a "well regulated Militia"? It is one, says the 2nd line in the 2nd Amendment, where the right of the people to keep and bear arms will provide the regulating force that keeps an armed Militia from considering engaging in coup d'etats.

If guns are outlaweed do you think that making gun possession illegal will have an affect on gun killings among the populace, or that killings would decline at all? If you have ever sworn to support and defend the constitution did you mean it then, do you mean it now? Would you put your life on the line to defend the constitution as so many persons have done in the past and that, some say, some are doing that just now?

What's the death total, 4000+ and growing? Or, on the other hand, do you just support parts of the Constitution that you feel is proper.When search and seizure laws are passed that infringe on basic constitutional rights like the sanctity of one's home, before we are even defeated by some vague enemy, does this bother you at all?

Do laws against drug possession stop peop[le from consuming 'illegal drugs'? Do the drug laws have any effect other than cramming our jails and prisons with artificial criminals and pouring these people back out into the street as discarded social junk?:shrug:​
 
Don't do this. If you can't engage in a discussion without posting inane questions that make you look foolish, stop.

Rebelling is the crux of the matter, so the question is relevant. Just when would the average citizen pick up their gun and be willing to kill a cop?

Let's face it, it would never happen. The USA would have descended into chaos long before the average citizen would turn against the govt, and then the govt would be the only prospect of restoring order.

The reasons for widespread gun ownership in the USA are totally fallacious, and you reap that with your homicide rates.
 
Rebelling is the crux of the matter, so the question is relevant. Just when would the average citizen pick up their gun and be willing to kill a cop?

Let's face it, it would never happen. The USA would have descended into chaos long before the average citizen would turn against the govt, and then the govt would be the only prospect of restoring order.

The reasons for widespread gun ownership in the USA are totally fallacious, and you reap that with your homicide rates.

Assuming that is true (and the reasons for gun ownership do not include a right to effective self-defense), that does not necessarily affect the Court's decision. Accepting, arguendo, that (i) the second amendment only exists to preserve the right to kill government employees (though I'd think federal officials and military personnel would be more the target than local police) and (ii) that that is a foolish and unnecessary right, those do not change the text of the Constitution.

Many people believe (and there are solid arguments for believing) that the electoral college is a bad idea that makes little sense today, but that does not mean that the Supreme Court can abolish it absent a constitutional amendment.
 
Assuming that is true (and the reasons for gun ownership do not include a right to effective self-defense), that does not necessarily affect the Court's decision. Accepting, arguendo, that (i) the second amendment only exists to preserve the right to kill government employees (though I'd think federal officials and military personnel would be more the target than local police) and (ii) that that is a foolish and unnecessary right, those do not change the text of the Constitution.

Many people believe (and there are solid arguments for believing) that the electoral college is a bad idea that makes little sense today, but that does not mean that the Supreme Court can abolish it absent a constitutional amendment.


Didn't read the Brief did you?

Self Defence, was specifically enumerated in the decision.
 
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