Constitutional Conflict

[Idiocracy]

So, someone mentioned these laws the other day and I haven't been able to stop thinking about it. 18 U.S.C.A 2384 and 18 U.S.C.A 2385. Federal laws against sedition (revolting or inciting revolt against the government) and advocating overthrow of the government by force, respectively.

Now, I am no lawyer, but it seems pretty clear to me, that both in the spirit, the intent and the literal interpretations of these laws are in direct conflict with the spirit, intent and the literal interpretations of the second amendment. Considering that the 2nd amendment was ratified in 1791, and these two laws were authored in 2000, aren't they ultimately invalid as they effectively undercut the constitution, which is referred to as "the supreme law of the land"?

[Barnslayer]

If you succeed, it's legal.

[Dan 0351]

I know I sound like a broken record, and I apologize for it, but.....
Isn't every restriction of ANY "arms" i.e. machine guns, etc. against the Constitution? Yet we have 1000's of gun laws on the books with more coming.

Contradictions everywhere.

[sheeple]

Honestly, countless unconstitutional laws have been passed since its founding. Except 200 years ago people actually gave a crap.

[E]

Nullification isn't just for juries

that said, yes. The argument could be made that those that value the constitution and the rule of law would be in violation of they advocated for sedition or revolt.

[LiDad]

Honestly, countless unconstitutional laws have been passed since its founding. Except 200 years ago people actually gave a crap.

As long as the banks and bars and Xbox Live is open, few will care.

[lynyrd]

To James Madison from Joseph Jones, 24 June 1789

"I thank you for the copy of the amendments proposed to the constitution which you lately inclosed to me — they are calculated to secure the personal rights of the people so far as declarations on paper can effect the purpose..."

http://founders.archives.gov/?q=+Author%3A%22Jones%2C+Joseph%22&s=1111311111&sa=jones&r=57&sr=madison

[NRATC53]

As long as the banks and bars and Xbox Live is open, few will care.

Modern version of "Bread and Circuses"

[Ancap]

The first unconstitutional law that was nullified by Thomas Jefferson and James Madison was a sedition law.

the 10th amendment is your friend and as Jefferson and Madison said "nullification is the rightful remedy"

[LI Ammo]

So we are free to criticize an individual arm of the government or a specific officer but not the entirety of the government? In other words, we can call for the impeachment of an official but not the elimination of the authority of that office. We can ask for a President to be replaced, but not that the Office of the President be replaced.

Sad really, I was hoping to become King. And not one of those wimpy benevolent Kings either.

[SimpleMan]

So, someone mentioned these laws . . . 18 U.S.C.A 2384 and 18 U.S.C.A 2385. Federal laws against sedition (revolting or inciting revolt against the government) and advocating overthrow of the government by force, respectively . . . it seems pretty clear to me, that both in the spirit, the intent and the literal interpretations of these laws are in direct conflict with the spirit, intent and the literal interpretations of the second amendment.

Yep. Our Constitutional Rights are being eroded more and more each day and the majority of the public is not paying attention or do not understand the significance.

[MikeM]

A country founded by over throwing a government says we can't overthrow a government. Got it!

[Idiocracy]

Politicians make me sick. Praying for aliens...

[Aquabach]

I know I sound like a broken record, and I apologize for it, but.....
Isn't every restriction of ANY "arms" i.e. machine guns, etc. against the Constitution? Yet we have 1000's of gun laws on the books with more coming.

Contradictions everywhere.

Yes you are correct.
those laws are bullshit.
thats why they keep adding more.
cause they can and they don't give a crap about the constitution.

[GettingFedUp]

Politicians make me sick. Praying for aliens...

Did they pass a law that says we can't shoot aliens yet?