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jody

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Gender: Do not display
Hometown: AL & CA & GA
Member since: 2001
Number of posts: 26,624

Journal Archives

"Entitlement" quid pro quo – from the state & to the state

I read all the threads for the past year with the word "entitlement" and they seemed to deal exclusively with “entitlements” to the individual from the state.

The issue is not one sided however and the state has certain "entitlements" from individuals who claim "entitlements" from the state, a what for what or Quid pro quo arrangement.

Please post your understanding of what the state is entitled to from the individual.

Wrong! RKBA is one of our unalienable/inalienable rights and as SCOTUS said

SCOTUS in D.C. v. Heller

c. Meaning of the Operative Clause. Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” As we said in United States v. Cruikshank, 92 U. S. 542, 553 (1876), “{t}his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second amendment declares that it shall not be infringed. {page 19}

Government can infringe upon all unalienable/inalienable rights but never to the point of banning that right.

Jefferson & Madison’s 1798 efforts to nullify unconstitutional laws still alive!

Washington, Colorado Allow Recreational Use of Marijuana
http://www.sfgate.com/business/bloomberg/article/Washington-Colorado-Allow-Recreational-Use-of-4015844.php

Nov. 7 (Bloomberg) -- Washington and Colorado voters legalized recreational use of marijuana, making them the first U.S. states to decriminalize the practice.

* * * * * * * * * * * *

Support for marijuana’s recreational use built on measures that allow it for medical purposes in one-third of U.S. states. Previous attempts to legalize pot through ballot measures failed in California, Alaska, Oregon, Colorado and Nevada since 1972, according to the Denver-based National Conference of State Legislatures.

* * * * * * * * * * * *

“Regardless of state laws to the contrary, there is no such thing as ‘medical’ marijuana under federal law,” according to the White House Office of National Drug Control Policy.

U.S. Attorney General Eric Holder released a letter a month before California voters considered a ballot measure to legalize recreational use of marijuana in 2010, saying the Justice Department would “vigorously” enforce federal law. The initiative failed.

Additional background material at Wikipedia links:

Nullification (U.S. Constitution)

Kentucky and Virginia Resolutions

By law, legal militias include the organized and unorganized militias. Suggest you visit the links

below and learn more about your options.

State Guard Association of the United States (SGAUS) and State defense force

If you are between 17 and 45 and male, and not in an excepted position, you are already a member of the unorganized militia under federal law, 10 USC 311 - Militia: composition and classes

State laws are different and in one state, all people between 17 and 64 are part of the militia, see http://legis.la.gov/lss/lss.asp?doc=85523

Finally, congress has been derelict in performing its duties under our Article I of our Constitution, "To provide for organizing, arming, and disciplining, the Militia."

That responsibility includes the unorganized militia that is unorganized, unarmed, and undisciplined.

The above laws apply equally to conservative, liberal, and all other political persuasions.

Has the Governor of New York activated the New York Guard and New York Naval Militia, under federal

law part of the unorganized militia, as well as New York's Army and Air National Guards?

If that is inadequate the Governor can activate any portion of the remaining New York unorganized militia
2. The unorganized militia shall consist of all able-bodied male residents of the state between the ages of seventeen and forty-five who are not serving in any force of the organized militia or who are not on the state reserve list or the state retired list and who are or who have declared their intention to become citizens of the United States, subject, however, to such exemptions from military duty as are created by the laws of the United States.

See http://codes.lp.findlaw.com/nycode/MIL/1/2
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