Recent content by Richard A Hamblen

Where is the Montana legislature on this? They (like Tennessee) passed the Firearms Freedom Act, but are they willing to defend the law as passed? The MTSSA and any other private group can sue all they want, and lower courts will continue to deny them. But if the state files suit, then the USSC...

Actually, this is point 5 of our petition for writ. The Constitution limits the jurisdiction of the federal government over the Militia in I.8.15&16

No, the question is as it is being presented to the Supreme Court. Miller and Heller are not reconcilable. Read the petition. When you divorce the Second Amendment from the Militia, you are doomed to losing what remains of your gun rights. Scalia wants to cite Miller as precedent for Heller...

I'm in for $50. Matt's helped me a lot in publicizing my case. ChipIn Event Title: Trip to SRLC to vote for Ron Paul @ straw poll ChipIn Event Organizer: Matt Collins ([email protected]) Transaction ID: e74354fbba4ee80a Contribution Amount: $50.00 Contribution Date: April 6, 2010 12:50...

To: Imperial (post #4) Is it a rule of justice that one accepts unconstitutional behavior because there is precedent for it?

Richard A. Hamblen says: Point of clarification: I did not "convert" anything. I built machine guns, which, as Solicitor General of the United States Paul Clement admitted in the oral arguments to Heller, are the standard issue armament of the National Guard. The Miller Court in 1939 says the...

Why is there not debate about the power of judicial review when it was not even mentioned in the US Constitution? Why did not the original Framers who were still alive scream bloody murder about this seizing of power by the Court? The simple answer is that Article III of the Constitution was...

If you really think the SCOTUS is a check on the federal government, think about who appoints them, who promotes them, and who pays their salaries. Review their relation with Jackson, Lincoln, the Reconstruction Congress, and of course FDR. This is not something that magically happened only...

I think the proper question is whether or not it can be enforced. The one time the Constitution was really tested arguments failed and the result was war. Since then, it has been a dead issue. Might makes right, apparently. As Garret Garrett pointed out in "The Revolution Was", quoting...

This is precisely the issue we will present to the Supreme Court if we ever get the chance. We attempted, in 2007, at the exact same time as the Heller case was presented to the Court, to raise this question. We all have seen which case they chose to accept at the time, but you can see the...

Once you ask permission to exercise a right you are acknowledging the authority for the same right to be taken away from you.

Hey, don't just pray, tell your friends, tell everybody!:) I have already done the hard part, jail, and I have about 3 months left on paper, so the drill at this point (other than the remote chance of a reversal and awarding of compensation) is to exhaust all legitimate (to them) means of...

Very perceptive. This is how the system really works. I had not made the connection with the Bonus March, although I was aware of movies like Scarface, which called in the closing scene for outright lobbying of the Congress for laws against machine guns. The standard answer for the petition for...

Well, you know the story about the frog and boiling water. You can't put him in there when it's hot, but if you start out with a pot of cold water, you can warm it till it boils him alive. The public is like that. When you get to the "spider" stage, we may have some real change in this country!

The Supreme Court is one of the major flaws in the Constitution, as pointed out in an essay contemporaneous to the ratification conventions by Melancthon Smith republished in a collection called the Anti-Federalist Papers. Change a few words and you'd think you were listening to a current...