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christx30

(6,241 posts)

102. "An interest".

Thu Dec 17, 2015, 11:59 AM

Dec 2015

I've always hated that phrase as justification. As if "an interest" gives someone the right to do something. "An interest" was used as justification for the decision in Kelo. Hell, the state of Texas has "an interest" in preventing abortion and gay marriage. What they do not have is the right to do so. All "an interest" means is that the state or the Feds tell a judge "we really want to do this because of X, Y and Z". A if X, Y, and Z are compelling enough, a judge will make this exception to the Constitution. You could justify anything with "an interest". For example: "the state if Maryland has an interest in protecting the businesses and homes in Baltimore. Therefore, we are going to institute a dusk to dawn curfew following the verdict in the Freddie Gray case. Anyone found on the street will be detained. Anyone that resists will be shot on sight."
They don't have to justify it under any law on the books or provision in the constitution. They just have to say "our interest is in making sure shit doesn't get destroyed".

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Appeals court: judge didn't have power to hear DC gun case [View all] Bradical79 Dec 2015 OP

Good. -none Dec 2015 #1

May issue was how blacks were disarmed in the South hack89 Dec 2015 #2

So what? -none Dec 2015 #3

So what? .... sarisataka Dec 2015 #4

So we are just supposed to do nothing and let the massacres continue? -none Dec 2015 #6

No. We are just supposed to find solutions that are fair, unbiased and constitutional. hack89 Dec 2015 #8

I have proposed, many times, sarisataka Dec 2015 #10

So would random home inspections be allowed, or is everything you propose just hot air? Humanist_Activist Dec 2015 #20

"(R)andom home inspections"? Absolutely not. It seems that you want to dump the Fourth Amendment... friendly_iconoclast Dec 2015 #29

I would find it reasonable for the government to require that people have gun safes and trigger... Humanist_Activist Dec 2015 #31

It doesn't matter. What you propose is still a gross violation of the Fourth Amendment... friendly_iconoclast Dec 2015 #33

Why? It would only be checking up on status of and use of the safes and weapons... Humanist_Activist Dec 2015 #34

What part of 'probable cause' are you having trouble comprehending? friendly_iconoclast Dec 2015 #35

The probable cause would be owning the guns and gun safes. Humanist_Activist Dec 2015 #36

Gun ownership is not, in and of itself, a crime- so, again, no friendly_iconoclast Dec 2015 #38

Oh damn, I'm debating a capital L libertarian. No further discussion possible. n/t Humanist_Activist Dec 2015 #41

No, you're debating a Democrat who disagrees with you friendly_iconoclast Dec 2015 #68

Where are police conducting vehicle safety checks at a person's home? The equivalent of a stopping 24601 Dec 2015 #54

Because we are talking about the inspection of equipment that's installed in the home... Humanist_Activist Dec 2015 #56

The inspections are during construction/installation. But once the work is complete, the fire 24601 Dec 2015 #59

Not true, houses are reinspected when purchased and/or sold as well... Humanist_Activist Dec 2015 #61

Just sold and just bought a home. Have done so 4 times in the last 5 1/2 years. One red state 24601 Dec 2015 #63

Owning firearms is in no way comparable to freedom of expression or worship, that's a ridiculous... Humanist_Activist Dec 2015 #64

But you don't have to get a car inspected or registered christx30 Dec 2015 #66

You do bring up a good point, however, I see problems... Humanist_Activist Dec 2015 #77

"An interest". christx30 Dec 2015 #102

I love it when people stumble on the car comparison. OK, let's be like cars. My drivers license 24601 Dec 2015 #99

I can't believe that I'm reading this shit on a liberal board. eom. GGJohn Dec 2015 #72

I have a question, is a gun-free society so frightening to you? Humanist_Activist Dec 2015 #82

A gun free society? GGJohn Dec 2015 #85

What if long rifles were left alone, if we followed, roughly the Canadian model. Humanist_Activist Dec 2015 #87

No, I would not agree to that. GGJohn Dec 2015 #89

YOU think it's a privilege, while the Constitution, the SCOTUS, GGJohn Dec 2015 #71

Are any of those infallible? Also, I didn't say the police would be involved, and again... Humanist_Activist Dec 2015 #75

Bullshit! GGJohn Dec 2015 #78

So emotional, and over the possession of an inanimate object with few uses, why? n/t Humanist_Activist Dec 2015 #80

Few uses? GGJohn Dec 2015 #81

I know they are good for hunting, not so good for self protection... Humanist_Activist Dec 2015 #84

There are literally thousands of instances of firearms being used for self defense, GGJohn Dec 2015 #88

And there are scientific studies that indicate that you are many times more likely to be the... Humanist_Activist Dec 2015 #90

Those "scientific" studies, those were mainly funded by the Joyce Foundation, GGJohn Dec 2015 #93

I linked to a meta-analysis that is apparently independent of both, though does source Hemenway.... Humanist_Activist Dec 2015 #94

I have no problem with home inspection sarisataka Dec 2015 #30

I don't consider gun ownership a right, it sounds ridiculous to me, its a hobby that... Humanist_Activist Dec 2015 #32

"I don't consider gun ownership a right" The Supreme Court and over 80 million Americans *do*... friendly_iconoclast Dec 2015 #37

I'm trying to change the narrative, we have so many myths surrounding firearms that people... Humanist_Activist Dec 2015 #39

You have just stated the purpose sarisataka Dec 2015 #40

Its about as relevent as the 3rd amendment. The others are still useful... Humanist_Activist Dec 2015 #42

Yet the 3rd is still there... sarisataka Dec 2015 #43

Can you demonstrate where the 2nd amendment prevented government oppression at... Humanist_Activist Dec 2015 #45

We are still here, operating sarisataka Dec 2015 #48

I'm sorry, the fact you credit the 2nd amendment for that is laughable... Humanist_Activist Dec 2015 #50

I do not have the time for a disertation sarisataka Dec 2015 #51

So wait, we are supposed to tolerate having 10s of thousands of people die every year... Humanist_Activist Dec 2015 #52

Well if a law is the simple solution... sarisataka Dec 2015 #53

I would say you should need to justify why you need to own a firearm. Why do you need a gun? n/t Humanist_Activist Dec 2015 #55

You can say that, but until your nomination as Secretary of Needs is confirmed by the Senate... friendly_iconoclast Dec 2015 #69

It doesn't matter what you say, it's what the Constitution and the courts say, GGJohn Dec 2015 #74

Is there any justification sarisataka Dec 2015 #97

Actually, hunting and pest control seem effective, I really have a problem with handguns.... Humanist_Activist Dec 2015 #98

The only reason that's applicable is the SCOTUS ruling it's an individual right GGJohn Dec 2015 #70

I'm sorry, but the "right" to gun ownership is in no way comparable to any other civil... Humanist_Activist Dec 2015 #73

And I'm not sorry that the SCOTUS and the majority of Americans disagree with you . eom. GGJohn Dec 2015 #76

True, and that's fine, what I find interesting is that gun ownership is declining... Humanist_Activist Dec 2015 #79

Firearm ownership is declining according to whom? GGJohn Dec 2015 #83

It varies from a 41% to around a third, and I've seen people here say its 80 million.... Humanist_Activist Dec 2015 #86

Pres. Obama commissioned the CDC to do a study on firearm violence in 2013, GGJohn Dec 2015 #91

I did, and the study said no such thing, it said those numbers were suspect... Humanist_Activist Dec 2015 #92

It most certainly did say that DGU's were as frequent and the criminal use of a firearm. GGJohn Dec 2015 #95

Here's the full excerpt, rather than the edited version you have: Humanist_Activist Dec 2015 #96

The bad guys already have guns TeddyR Dec 2015 #5

Of course the bad guys have guns. -none Dec 2015 #9

You are talking about straw purchases TeddyR Dec 2015 #12

When they are bought for the purpose of transporting to places where they are restricted, -none Dec 2015 #14

"Stop the interstate shipment of illegal weapons" EX500rider Dec 2015 #17

No I am not. -none Dec 2015 #44

You don't seem to understand straw purchases.. EX500rider Dec 2015 #60

I understand straw purchases quite well. -none Dec 2015 #101

So the answer is to give cops and the government the power to discriminate based on personal bias? hack89 Dec 2015 #7

Did you check with the NRA for that talking point before posting? -none Dec 2015 #11

I agree. But any solution has to be fair, unbiased and constitutional hack89 Dec 2015 #13

We agree on something here. -none Dec 2015 #15

No. If you meet the legal requirements you get your permit no questions asked. hack89 Dec 2015 #16

That's true, and a good reason to repeal the 2nd amendment.... Humanist_Activist Dec 2015 #21

That's nice hack89 Dec 2015 #22

True, but that should be introduced into the conversation, unlike other anachronistic amendments.... Humanist_Activist Dec 2015 #23

Not really - the 2A allows most of what you want hack89 Dec 2015 #24

And all perfectly useless in most cases anyways... Humanist_Activist Dec 2015 #25

Then find enough people that believe as you do hack89 Dec 2015 #26

I'm trying, that's the point of speaking out, is it not? Humanist_Activist Dec 2015 #27

Only if there is a demonstrable need. -none Dec 2015 #46

No. That is the beauty of civil rights. hack89 Dec 2015 #57

I would say that's the fault of our society, owning guns should have to be justified, and not... Humanist_Activist Dec 2015 #65

Until you repeal the 2A owning guns is a civil right. hack89 Dec 2015 #67

To be clear TeddyR Dec 2015 #28

How can you have no gun stores in DC, but have federally licensed firearms dealer in DC to pick -none Dec 2015 #49

No TeddyR Dec 2015 #58

OK, that explains that. -none Dec 2015 #100

Consitutional azureblue Dec 2015 #18

You need to catch up with modern legal jurisprudence. hack89 Dec 2015 #19

There is simply TeddyR Dec 2015 #47

My understanding is that the amendment.... PosterChild Dec 2015 #62