Quote Originally Posted by Xiahou
That, and it hasn't been declared by Congress- so, legally, its not insurrection.
Well I haven't even gotten into how Lousiana law allows for the state to do exactly what is being done in New Orleans when a diaster is declared. Since some wanted to call what was happening in New Orleans as the beginning of the end of the 2nd Amendment - I decided to use a little hyperbole of my own - when regular words were not working and this turned into another gun debate.

When its not a gun debate but a Constitutional authority debate about what the Federal Government can or can not do in an declared diaster or emergancy. Its also a debate about wether or not the state authority can also suspend certain rights within the state for similiar reasons.

If the Federal government can do it - and the state constitution also allows for it - then as long as the government is acting within the constraints of the Constitution and the establish legal code - such comments like GC's of

Rubbish. When the army tries to take your weapons, when you have been charged with no crime, it is blatant abuse of power. That's the exact reason we have the 2nd amendment: to blow the heads off of soldiers who try to take our guns.

Statements like this shows a lack of understand about what the constitution says. Its a good think GC is not in New Orleans because he might have found out that he not only would of deserved to get shot by the National Guard soldiers - but that he was indeed violating the law and the constitution while the soldiers were fulfilling their obligations under the constitution.

I'm aware of what it does, but the ammendments (by definition) were written after the original text of the Constitution- you know, to ammend it.
However those amendments do not supercede the two clauses I referenced.
Those two clause do indeed allow the government to restrict your liberities under certain conditions.

As you've pointed out, the Bill of Rights, sadly, isn't worth much anymore. I could show examples of how virtually all of them are "legally" violated on a daily basis- not just in an emergency.
Sure they can be "legally" violated - that is the nature of the consitution - legislative laws can futher refine what the constitution states.