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TPaine7

(4,286 posts)
14. Yes, NY law is unconstitutional.
Wed Jan 25, 2012, 03:25 AM
Jan 2012

Not their forbidding her concealed carry per se, but their forbidding her any carry whatsoever.

I have noticed that you like to compare apples and battleships:

The whole idea kind of reminds me of the kooks who don't pay their taxes and then try to claim that income taxes are illegal.


Has the Supreme Court said, multiple times, that income taxes are illegal? Have authors of the Constitution gone on record that they wrote with the specific purpose to deny governmental entities the power to levy income taxes?

Taking your point as true that NY City does a good job protecting its citizens from gun violence, what is the relevance? Do good results justify illegal means? Would you take the same attitude if forced confessions were proven to be a part of the program to "protect citizens"? What about scanning people for items hidden under their clothes?

About your "felony" claim, yes, as a practical matter, she will possibly be labeled a felon and lose her gun rights and hope for a medical career. But because a self-important city, a state or even the federal government makes an unconstitutional law does not make the law legitimate. Here are some other crimes to consider:

Luther Baldwin, a private citizen, was indicted for a comment he made during a visit by President Adams to Newark, New Jersey. The President was greeted by a crowd and by a committee that saluted him by firing a cannon. A bystander said, "There goes the President and they are firing at his ass." Baldwin replied that he did not care "if they fired through his ass." He was convicted in the federal court for speaking "seditious words tending to defame the President and Government of the United States" and fined $100.

In November 1798, David Brown led a group in Dedham, Massachusetts in setting up a liberty pole with the words, "No Stamp Act, No Sedition Act, No Alien Bills, No Land Tax, downfall to the Tyrants of America; peace and retirement to the President; Long Live the Vice President".[14][15][16]

Brown was arrested in Andover, Massachusetts, but because he could not afford the $4,000 bail, he was taken to Salem for trial.[17] Brown was tried in June 1799.[14] Brown pled guilty but Justice Samuel Chase asked him to name others who had assisted him.[14] Brown refused, was fined $480,[17][18] and sentenced to eighteen months in prison, the most severe sentence ever imposed under the Sedition Act.[14][17]
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Constitutionality and Aftermath
...

The Alien and Sedition Acts were, however, never appealed to the Supreme Court, whose right of judicial review was not established until Marbury v. Madison in 1803. The Court in 1798 was composed entirely of Federalists, all appointed by Washington. Many of them, particularly Associate Justice Samuel Chase, were openly hostile to the Federalists' opponents. Individual Supreme Court Justices, particularly Chase, sitting in circuit, heard many of the cases prosecuting opponents of the Federalists. Subsequent mentions in Supreme Court opinions have assumed that it was unconstitutional. In the seminal free speech case of New York Times Co. v. Sullivan, the Court declared, "Although the Sedition Act was never tested in this Court, the attack upon its validity has carried the day in the court of history." 376 U.S. 254, 276 (1964). In a concurring opinion in Watts v. United States, which involved an alleged threat against President Lyndon Johnson, William O. Douglas noted, "The Alien and Sedition Laws constituted one of our sorriest chapters; and I had thought we had done with them forever ... Suppression of speech as an effective police measure is an old, old device, outlawed by our Constitution."[26] The Alien Enemies Act remained in force and was used as a basis for the internment of Japanese citizens during World War II.

http://en.wikipedia.org/wiki/Alien_and_Sedition_Acts


Yes, sometimes the bad guys win. Bloomberg may "win," at least temporarily. But ultimately, New York's gun laws will go the way of the Alien and Sedition Acts and the internment camps. Or at least it will if we act legitimately.
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