What makes you think that it can't be used to ignore the 2nd amendment?
p.s.
guns don't do much against tanks, missles and a well trained blacops group.
2006-08-17 10:41:55 · 8 answers · asked by Anonymous in Politics & Government ➔ Politics
i mean 6th amendment
2006-08-17 10:48:53 · update #1
Then POT should be legal because we use it to pursue happiness!
2006-08-17 11:06:11 · answer #1 · answered by Chuck P 3 · 0⤊ 1⤋
That's the whole point.
National security may be a compelling government interest. But to override most rights, the means used must still be narrowly tailored to the goal and the least restrictive means possible. That's called Strict Scrutiny, and few regulations survive that hurdle.
For most 6th Amendment rights, the burden is even higher. Violation of a 6th Amendment right during a trial is usually considered a structural error, and requires vacating the conviction. Some errors are harmful but not fatal, and allow for a re-trial if they can be corrected without prejudice.
As an aside, most people forget that the 2nd Amendment only protects against federal government regulation of firearms. It does nothing to protect against state/local regulation, because it was never incorporated against the states via the 14th. So, the only protections that apply at the state/local level are those resulting from the appropriate state constitution.
And we've all seen how easily and quickly those can be changed.
2006-08-17 17:50:23 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
If national security can be used to ignore the __ amendment, whats you think that it can not be used to ignore the __ amendment?
The 1st, 4th, 5th, and 6th Amendement are the only ones I can see conflicting with national security. Maybe the 3rd in an extreme case... The 2nd... Just don't see it.
They can take the 16th away at anytime, I wouldn't mind that.
2006-08-17 17:57:01 · answer #3 · answered by wiegraff13 3 · 1⤊ 0⤋
Who is ignoring the 2nd amendment? Not me.
2006-08-17 17:48:46 · answer #4 · answered by BeachBum 7 · 0⤊ 0⤋
You all are arguing over which evil party might give you a chicken for next week's church picnic, while whole flocks of millions of them are being given away to foreign nations!
It is just that the Dems, and the Repubs are two sides of the same coin! Figure it out at http://lp.org and http://cagw.org and http://fairtax.org
2006-08-17 18:05:45 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No one said the fifth amendment can be ignored. Do you have any example whatsoever that it has?
2006-08-17 17:46:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It's already happening. Go to your local Police Station and try to apply for a permit to carry(own) a handgun, and you'll see what I mean.
2006-08-17 17:48:23 · answer #7 · answered by my brain hurts 5 · 0⤊ 0⤋
Let the Revolution begin!
2006-08-17 17:47:29 · answer #8 · answered by Mr. October 4 · 0⤊ 0⤋