Virgin Islands declares emergency, pwr to take guns

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Mr. Glock
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Re: Virgin Islands declares emergency, pwr to take guns

Post by Mr. Glock »

WY_Not wrote:The NRA stepping in is a bit late.

The case was for the most part settled in 1901 in Downes vs Bidwell (https://en.wikipedia.org/wiki/Downes_v._Bidwell" onclick="window.open(this.href);return false;). Not settled well but it was settled.

Justice John Marshall Harlan did make an excellent point though...

"The idea prevails with some, indeed it has expression in arguments at the bar, that we have in this country substantially two national governments; one to be maintained under the Constitution, with all its restrictions; the other to be maintained by Congress outside and independently of that instrument, by exercising such powers as other nations of the earth are accustomed to.... I take leave to say that, if the principles thus announced should ever receive the sanction of a majority of this court, a radical and mischievous change in our system will result. We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism.... It will be an evil day for American Liberty if the theory of a government outside the Supreme Law of the Land finds lodgment in our Constitutional Jurisprudence. No higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the Constitution."

Basically, Congress might have the authority to make laws governing territories but Congress is still bound by the U.S. Constitution.
That is not really relevant here. The Governor of VI issued an unconstitutional order a few days ago, which is being implemented by the National Guard (one would think that would fall under unlawful orders, but......), and the NRA stepped in legally. In a perfect world, that wouldn't be necessary, but we sure don't live in a perfect world. Good to have the NRA.
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WY_Not
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Re: Virgin Islands declares emergency, pwr to take guns

Post by WY_Not »

I'm not saying that it isn't unconstitutional, illegal, immoral, take your pick. Was merely commenting on the fact that the NRA is jumping in on this issue after it has been in place for over 100 years. Better late than never I suppose.

Here's hoping that more than a few VI residents defend their rights as vigorously as the colonies defended theirs oh so long ago.
Mr. Glock wrote:
WY_Not wrote:The NRA stepping in is a bit late.

The case was for the most part settled in 1901 in Downes vs Bidwell (https://en.wikipedia.org/wiki/Downes_v._Bidwell" onclick="window.open(this.href);return false;). Not settled well but it was settled.

Justice John Marshall Harlan did make an excellent point though...

"The idea prevails with some, indeed it has expression in arguments at the bar, that we have in this country substantially two national governments; one to be maintained under the Constitution, with all its restrictions; the other to be maintained by Congress outside and independently of that instrument, by exercising such powers as other nations of the earth are accustomed to.... I take leave to say that, if the principles thus announced should ever receive the sanction of a majority of this court, a radical and mischievous change in our system will result. We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism.... It will be an evil day for American Liberty if the theory of a government outside the Supreme Law of the Land finds lodgment in our Constitutional Jurisprudence. No higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the Constitution."

Basically, Congress might have the authority to make laws governing territories but Congress is still bound by the U.S. Constitution.
That is not really relevant here. The Governor of VI issued an unconstitutional order a few days ago, which is being implemented by the National Guard (one would think that would fall under unlawful orders, but......), and the NRA stepped in legally. In a perfect world, that wouldn't be necessary, but we sure don't live in a perfect world. Good to have the NRA.
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Re: Virgin Islands declares emergency, pwr to take guns

Post by AlanM »

As far a Texas is concerned after Harvey, it's going both ways.

Armed Texan is Teaching Looters why you Don’t Mess With Texas
A mystery man claiming to be a former SWAT deputy has been defending various businesses in his area, armed with a rifle, from looters who think Hurricane Harvey was a ticket for a free ride.

A video of the gentleman standing outside of a store on guard duty has gone viral and he’s made it clear that he’s not at all scared to shoot.

Looters in Houston targeted firefighters and rescue personnel. Now the city is striking back.
On Monday afternoon, looters reportedly fired on firefighters and rescue personnel while they were conducting rescue operations. Police were forced to halt their own rescue efforts in order to quickly move to protect the firefighters, according to The Daily Caller.

The incident occurred just north of downtown Houston at the intersection of Tidwell and Mesa. According to the Daily Caller, police said they had to divert rescue efforts to fend off the looters attacking rescue personnel.
I remember sometime in the last week FoxNews did a report on Texans patrolling their neighborhoods armed to defend against looters. Also they showed signs like "There is nothing here worth dying for".

And Atascocita homeowner sign: 'Looters will be shot dead'

One more
Texas Sheriff to Looters: Try it and ‘You Could Leave This County in a Bag’
Sheriff Troy Nehls–Fort Bend County, Texas–is warning would-be looters to rethink entering his county. The sheriff says his residents are armed and would-be looters might end up getting hauled to the morgue in a bag.
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Mr. Glock
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Re: Virgin Islands declares emergency, pwr to take guns

Post by Mr. Glock »

WY_Not wrote:I'm not saying that it isn't unconstitutional, illegal, immoral, take your pick. Was merely commenting on the fact that the NRA is jumping in on this issue after it has been in place for over 100 years. Better late than never I suppose.
te]
Maybe I'm not getting your point, other than the number of angels that can dance on the head of a pin sort of thing, but saying a 100 year old court decision that has been surpassed by laws like the NFA 1934 means the NRA is late to the party in this situation makes no sense to me.

Anyone else care to explain?
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Re: Virgin Islands declares emergency, pwr to take guns

Post by TJW815 »

From what I have gathered, and please correct me if I'm wrong, but The US Virgin Islands are not bound by the US Constitution. As a territory, the inhabitants are not technically US citizens. They cannot vote in federal elections, they can travel to and from the US and if they take residence in the US, they gain the rights forfeited by the islanders.

Not saying I agree with what they are doing.
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Re: Virgin Islands declares emergency, pwr to take guns

Post by OhioPaints »

TJW815 wrote:From what I have gathered, and please correct me if I'm wrong, but The US Virgin Islands are not bound by the US Constitution. As a territory, the inhabitants are not technically US citizens.
From Wikipedia:
The U.S. Virgin Islands are an organized, unincorporated United States territory. Although they are U.S. citizens, U.S. Virgin Islanders residing in the territory are ineligible to vote for the President of the United States. They are however eligible to vote if they become residents of mainland U.S. states.
...
People born in the U.S. Virgin Islands derive their U.S. citizenship from Congressional statute.
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