2/22/2008

Moving to Montana?: Montana and the Second Amendment

I kinda of doubt that they are serious (see also here and here), but the notion that by claiming the Second Amendment was not an individual right the Supreme Court would be breaking the compact that Montana agreed to when they joined the US is an entertaining idea.

The story of the Supreme Court case, Heller v. D.C. and the Montana attorney general, Secretary of State and legislators warning the Supreme Court that if the Court finds that there is no individual right to bear arms in the Constitution, is going to get interesting, to say the least.

It appears that if the Supreme Court sides with the District of Columbia in disarming gun owners and invalidating the constitutional protections contained in the Second Amendment, they would be in direct opposition to what all 50 states have guaranteed their citizens in the 50 state consitutions: the right to bear arms and protect themselves.

This has sparked questions.

If the Supreme Court decides what is constitutional and it runs counter to what every single state has clearly worded as a guaranteed right in the state constitutions, written at the time those states freely joined the Union, what then?

At this point, we’re not going to speculate until we do more research.

BUT that hasn’t stopped others, particularly gun owners from weighing in on the consequences.

At the AR-15 Forums, a large forum for gun owners, the comments have been flying fast and furious since the news of the Montana legislators sending their warning to the Supreme Court that a finding of “collective right” would violate the compact the state signed with the US government when the state freely joined the Union.


If Montana really left the union, it might be fun to move back there (it is very beautiful).

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1 Comments:

Blogger ismael said...

I thought Lincoln removed from the Constitution any possibility of secession after the war of northern aggression.

Sadly, no one will take that seriously. Look the Lakota case:

http://tinyurl.com/2s6o2v

2/23/2008 7:05 AM  

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