The right to hunt and fish
In TN, it passed. The text of the amendment seems timid. When it comes to the .gov, all regulations are reasonable regulations.
Remember, I do this to entertain me, not you.
Uncle Pays the Bills
 |
|
Find Local
|
Categories
- ATF (769)
- Death Match (10)
- Eminent Domain (225)
- In the bag (9)
- Notes to Junior (546)
- Poker (74)
- Recipes (142)
- Shotgun Noob (11)
- The Airing of Grievances (19)
- uncategorized (47,725)
November 3rd, 2010 at 11:04 am
Agreed. Maybe the language was tempered to assure that the private property owner’s rights were not eroded at the expense of protecting what had been a traditional but statutorily governed right–hunting and fishing.
I am thinking here of the “roaming rights” in England–exacting an easement across private land for people to walk. http://www.ramblers.org.uk/freedom/righttoroam/. That might work out in England but strollers across my acreage might be perturbed at all of the gunfire down below the ridge, particularly considering some of the calibers being fired.
November 3rd, 2010 at 11:37 am
“Reasonable regulations” are a legal definition, meaning that something has to be expressed by the legislature as a reason for the regulations, for a court to accept them as constitutional. In real litigation, almost anything stated by the legislature as a reason for a regulation is considered reasonable by the courts, such as “public safety” or “for the good of the children.”
Your amendment has no teeth. None.
November 3rd, 2010 at 11:40 am
But lost in Arizona unfortunately. A HSUS win that sticks in my craw.
November 3rd, 2010 at 1:14 pm
The TN hunting amendment would be better if it included a provision that does appear in several other states’ recent amendments: it says that game hunting shall be the state’s preferred means of conserving and controlling the population of game animals — or words to that effect.
That language may actually have a punch in future litigation or legislation.
November 3rd, 2010 at 2:13 pm
It passed in SC also
November 3rd, 2010 at 5:08 pm
Note that although the language of the amendment seems to grant a right, everyone should remember that we already have rights. Inalienable rights. ( Go ahead, look it up in the dictionary. ) Then review Amendments IX and X of the federal Constitution, where it specifically states that other rights are retained by the people, and that powers are reserved to the people. Note also that the proposed language includes a grant of authority to the government which allows it to restrict or amend or change or take away our existing right, and seemingly creates a “public” property right where none (should) exist. The public is we the citizens and not the government. No blanket authority should ever be given to government without specific approval, each and every time, via a public vote or referendum.
Government, if working as designed, has NO rights. It only has duties. And those duties are severely restricted in scope.
When you listen to elected representatives or their appointed bureaucrats speak about how they are going to help us, keep that in mind. Let them know that the best thing government can do is reduce its’ scope and leave us alone.
November 3rd, 2010 at 11:27 pm
The Arizona one didn’t make it but then again HSUS pushed HARD to get it to fail. ANd they were not below outright lies but then again thats all they do.
I think if they just put in the first part and not give power to the government like prop 109 did it would of passed.
November 4th, 2010 at 9:20 pm
The Tennessee Constitution recognizes the right to keep and bear arms, except the legislture can regulate with a view to prevent crime. Tennessee has criminalized the carry of handguns. They require background checks and finger printing, payment of $115, taking an 8 hr class that costs $60-100, publication of personal data. They regulate where guns may be carried. They require showing of papers when carrying. They can detain if they see anyone with a gun. They can do what they want to do re: guns.
Now we have a new amendment that allows for hunting based upon “reasonable regulations”. 😆 Anything and everything is reasonable. What Tennesseans voted in was an amendment that allows whatever regulation the gov wants to allow.