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Thread: Article 1 Section 9

  1. #1

    Article 1 Section 9

    Article 1

    Section 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight

    It is after 1808.

    "Every society has a right to fix the fundamental principles of its association, and to say to all individuals, that if they contemplate pursuits beyond the limits of these principles and involving dangers which the society chooses to avoid, they must go somewhere else for their exercise; that we want no citizens, and still less ephemeral and pseudo-citizens, on such terms. We may exclude them from our territory, as we do persons infected with disease." --Thomas Jefferson to William H. Crawford, 1816. ME 15:28
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment



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  3. #2
    Have a mod move the relevant posts from this thread, http://www.ronpaulforums.com/showthr...nctuary-Cities, and I'll participate. I'm not going to present my argument from scratch again.

  4. #3
    Then there's Article IV, Section 4.
    Quote Originally Posted by Andrew Ryan
    In Washington you can see them everywhere: the Parasites and baby Stalins sucking the life out of a once-great nation.

  5. #4
    Quote Originally Posted by phill4paul View Post
    Have a mod move the relevant posts from this thread, http://www.ronpaulforums.com/showthr...nctuary-Cities, and I'll participate. I'm not going to present my argument from scratch again.
    I would like that, this topic deserves it's own thread.
    Mods here is another thread with relevant posts: http://www.ronpaulforums.com/showthr...cheese-faction
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  6. #5
    Quote Originally Posted by fedupinmo View Post
    Then there's Article IV, Section 4.
    Article 4 - The States
    Section 4 - Republican Government


    The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  7. #6
    Quote Originally Posted by Swordsmyth View Post
    Article 4 - The States
    Section 4 - Republican Government


    The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;
    If I walk across a line on a map to seek a job or to try to sell you something or to buy something from you, am I invading? Or do I need to have a gun?

  8. #7
    Quote Originally Posted by Zippyjuan View Post
    If I walk across a line on a map to seek a job or to try to sell you something or to buy something from you, am I invading? Or do I need to have a gun?
    Depends on whose line it is . If it is my line , yes it is invasion.
    Do something Danke

  9. #8
    Quote Originally Posted by Zippyjuan View Post
    If I walk across a line on a map to seek a job or to try to sell you something or to buy something from you, am I invading? Or do I need to have a gun?
    If you come violating the rules set for coming you are invading.
    If you look in my window it is "Invasion of privacy" no weapons needed.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment



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  11. #9
    But some of the States were not only anxious for a Constitutional provision against the introduction of slaves. They had scruples against admitting the term "slaves" into the Instrument. Hence the descriptive phrase, "migration or importation of persons;" the term migration allowing those who were scrupulous of acknowledging expressly a property in human beings, to view imported persons as a species of emigrants, while others might apply the term to foreign malefactors sent or coming into the country. It is possible tho' not recollected, that some might have had an eye to the case of freed blacks, as well as malefactors.

    James Madison Letter to Robert Walsh, November 27, 1819 (emphasis added)
    Last edited by Swordsmyth; 08-24-2017 at 03:30 PM.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  12. #10
    A1S8

    To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  13. #11
    Quote Originally Posted by Swordsmyth View Post
    A1S8

    To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
    "Naturalization" (being allowed to become a citizen) and immigration (being allowed to cross a border) are not necessarily the same thing but in order to allow naturalization you must allow immigration.

  14. #12
    Quote Originally Posted by Zippyjuan View Post
    "Naturalization" (being allowed to become a citizen) and immigration (being allowed to cross a border) are not necessarily the same thing but in order to allow naturalization you must allow immigration.
    And S9 gives the congress power over the migration or importation of people after 1808.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  15. #13
    Quote Originally Posted by Swordsmyth View Post
    And S9 gives the congress power over the migration or importation of people after 1808.
    That referred to slaves.

  16. #14
    Quote Originally Posted by Zippyjuan View Post
    That referred to slaves.
    "such Persons as any of the States now existing shall think proper to admit"

    That covers any/everybody.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  17. #15
    Quote Originally Posted by Swordsmyth View Post
    "such Persons as any of the States now existing shall think proper to admit"

    That covers any/everybody.
    "Any" refers to the states- not "any person". "such persons" refers to the slaves.

    any of the States

  18. #16
    Quote Originally Posted by Zippyjuan View Post
    "Any" refers to the states- not "any person". "such persons" refers to the slaves.
    Including non-slave states who were not importing slaves.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment



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  20. #17
    Quote Originally Posted by oyarde View Post
    Depends on whose line it is . If it is my line , yes it is invasion.
    And if it is no one's line, then it is not.

  21. #18
    Quote Originally Posted by The Gold Standard View Post
    And if it is no one's line, then it is not.
    And if it is OUR line then it is.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  22. #19
    Seems to me, somebody has been blurring the line between immigration and illegal immigration.

    So often, folks like to omit the illegal part of the later and call it all immigration.

    One is like inviting someone to live with us and the other is just letting someone who broke in to live with us.

  23. #20
    Quote Originally Posted by Swordsmyth View Post
    "such Persons as any of the States now existing shall think proper to admit"
    Using your logic this grants each state the power to decide to allow or forbid immigration.
    Quote Originally Posted by Swordsmyth View Post
    Pinochet is the model
    Quote Originally Posted by Swordsmyth View Post
    Liberty preserving authoritarianism.
    Quote Originally Posted by Swordsmyth View Post
    Enforced internal open borders was one of the worst elements of the Constitution.

  24. #21
    Quote Originally Posted by TheCount View Post
    Using your logic this grants each state the power to decide to allow or forbid immigration.
    No, Congress is granted the power, read the whole sentence not just the part I was emphasizing:

    Article 1

    Section 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight



    The question of whether states can control their borders is not addressed in A1S9, you could claim that they have that power under the 10th amendment since it is not prohibited them anywhere in the constitution but that has nothing to do with A1S9.

    It does seem to be implied though since it refers to " such Persons as any of the States now existing shall think proper to admit".
    Last edited by Swordsmyth; 11-18-2017 at 10:48 PM.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  25. #22
    Quote Originally Posted by Swordsmyth View Post
    No, Congress is granted the power, read the whole sentence not just the part I was emphasizing:

    Article 1

    Section 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight



    The question of whether states can control their borders is not addressed in A1S9, you could claim that they have that power under the 10th amendment since it is not prohibited them anywhere in the constitution but that has nothing to do with A1S9.

    It does seem to be implied though since it refers to " such Persons as any of the States now existing shall think proper to admit".
    Following your logic, Congress has the power to forbid only; in other words, they would have no regulatory power whatsoever. The department of state would not operate consulates or issue visas. Each state could issue its own tourist, work, and permanent residency visas, and every other state would have to accept them. Therefore, the immigration system for the entire country would be dictated by the most permissive state, or the state most interested in profiting from visa sales. Which state do you suppose that would be? How easy would it be to get permanent us residency under your system?
    Quote Originally Posted by Swordsmyth View Post
    Pinochet is the model
    Quote Originally Posted by Swordsmyth View Post
    Liberty preserving authoritarianism.
    Quote Originally Posted by Swordsmyth View Post
    Enforced internal open borders was one of the worst elements of the Constitution.

  26. #23
    Quote Originally Posted by TheCount View Post
    Following your logic, Congress has the power to forbid only; in other words, they would have no regulatory power whatsoever. The department of state would not operate consulates or issue visas. Each state could issue its own tourist, work, and permanent residency visas, and every other state would have to accept them. Therefore, the immigration system for the entire country would be dictated by the most permissive state, or the state most interested in profiting from visa sales. Which state do you suppose that would be? How easy would it be to get permanent us residency under your system?
    No, the power to forbid grants everything else, all the congress must do is say "We forbid entry to anyone who does not follow the rules set forth as follows" then list the rules, anyone not following them would be forbidden.

    The states may have the power to be MORE restrictive and require foreigners to meet more strenuous standards to enter their territory.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  27. #24
    Quote Originally Posted by Swordsmyth View Post
    No, the power to forbid grants everything else, all the congress must do is say "We forbid entry to anyone who does not follow the rules set forth as follows" then list the rules, anyone not following them would be forbidden.
    Doesn't say anything about federal control over entry, in fact it says that states are the ones who admit others. What the authority over "migration" would be something else. And after the "migration" is over the federal government would have no power whatsoever. Your beloved ICE would just become a customs agency.

    If I were a state trying to encourage immigration, I would give out short tourist visas to get people into the country, and pass out the work and residency visas after that, at which point you'd be outside of the scope of federal control.


    Quote Originally Posted by Swordsmyth View Post
    The states may have the power to be MORE restrictive and require foreigners to meet more strenuous standards to enter their territory.
    Of course you would think that.

    That's the second alternate interpretation using your logic: federal control over the movement of everyone - including citizens - from state to state, and state authority of admission of anyone within their borders.
    Quote Originally Posted by Swordsmyth View Post
    Pinochet is the model
    Quote Originally Posted by Swordsmyth View Post
    Liberty preserving authoritarianism.
    Quote Originally Posted by Swordsmyth View Post
    Enforced internal open borders was one of the worst elements of the Constitution.



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  29. #25
    Quote Originally Posted by TheCount View Post
    Doesn't say anything about federal control over entry, in fact it says that states are the ones who admit others. What the authority over "migration" would be something else. And after the "migration" is over the federal government would have no power whatsoever. Your beloved ICE would just become a customs agency.

    If I were a state trying to encourage immigration, I would give out short tourist visas to get people into the country, and pass out the work and residency visas after that, at which point you'd be outside of the scope of federal control.
    Sorry to disappoint you but the feds have power to enforce their laws and the states could not bring in anyone the feds forbade:

    A1S8
    ...To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


    Quote Originally Posted by TheCount View Post
    That's the second alternate interpretation using your logic: federal control over the movement of everyone - including citizens - from state to state, and state authority of admission of anyone within their borders.
    Nope, A4S2:

    The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

    And amendment 14:


    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


    Neither the Feds nor the states can deny entry into a state to any citizen since they are entitled to the same privileges as the citizens of that state, one of those privileges being the right to enter that state.




    Then there is always a 9th amendment argument:
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  30. #26
    Quote Originally Posted by Swordsmyth View Post
    Nope, A4S2:

    The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
    That just means that they have to treat their own state's residents the same.

    Quote Originally Posted by Swordsmyth View Post
    And amendment 14:

    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
    Doesn't say anything about migration of "such person" citizens from state to state.

    Quote Originally Posted by Swordsmyth View Post
    Neither the Feds nor the states can deny entry into a state to any citizen since they are entitled to the same privileges as the citizens of that state, one of those privileges being the right to enter that state.
    Is migration not the same as entry?

    Quote Originally Posted by Swordsmyth View Post
    Then there is always a 9th amendment argument:
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    Doesn't say citizens; is that a right that you want to give to everyone?
    Last edited by TheCount; 11-19-2017 at 05:01 AM.
    Quote Originally Posted by Swordsmyth View Post
    Pinochet is the model
    Quote Originally Posted by Swordsmyth View Post
    Liberty preserving authoritarianism.
    Quote Originally Posted by Swordsmyth View Post
    Enforced internal open borders was one of the worst elements of the Constitution.

  31. #27
    Quote Originally Posted by TheCount View Post
    That just means that they have to treat their own state's residents the same.
    It also says they have to treat citizens of other states the same as their own citizens and the feds can't treat the citizens of different states differently.



    Quote Originally Posted by TheCount View Post
    Doesn't say anything about migration of "such person" citizens from state to state.
    Just like above they can't treat citizens of other states differently and the feds can't either, since the citizens of each state can enter that state freely then the citizens of the other states or those of federal territories can as well.

    Quote Originally Posted by TheCount View Post
    Is migration not the same as entry?
    Internal migration by citizens is specially protected by the clauses I cited, external migration into the country by foreigners may be prohibited by the congress.

    Quote Originally Posted by TheCount View Post
    Doesn't say citizens; is that a right that you want to give to everyone?
    It says "the people" as in "we the people of the United States", that means citizens.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  32. #28
    Quote Originally Posted by Swordsmyth View Post
    And if it is OUR line then it is.
    If that were true, you would be right. Unfortunately, it seems "our" deed to the line got lost in the shuffle.

  33. #29
    Quote Originally Posted by Swordsmyth View Post
    It also says they have to treat citizens of other states the same as their own citizens and the feds can't treat the citizens of different states differently.
    That's what I said. So long as they treat everyone the same, ie: by forbidding their own residents as well as residents of other states from leaving (migration goes both ways) or entering the state freely.



    Quote Originally Posted by Swordsmyth View Post
    Internal migration by citizens is specially protected by the clauses I cited, external migration into the country by foreigners may be prohibited by the congress.
    Where does it say that? I don't see internal, external, foreigners, citizens... Somehow we're not supposed to interpret "such person's" as slaves, as was actually intended by the founders, but we can take it to mean foreigners? If A1S9 is granting the federal government the power to refuse the migration of "such person's", isn't it also granting the states the power to selectively admit "such persons?"



    I appreciate your assistance. You're doing a fantastic job of illustrating exactly what I've said in other threads: you have an intended goal in mind, and you selectively interpret the law and Constitution as you see fit, in an entirely inconsistent manner - sometimes highly literal, sometimes not - in order to reach that goal, logic be damned.
    Last edited by TheCount; 11-20-2017 at 12:49 AM.

  34. #30
    Quote Originally Posted by TheCount View Post
    That's what I said. So long as they treat everyone the same, ie: by forbidding their own residents as well as residents of other states from leaving (migration goes both ways) or entering the state freely.
    No, they allow their citizens to enter their state so they must allow the citizens of other states to enter their state, furthermore no one has ever contemplated forbidding the citizens of the several states from entering or leaving their states so your whole line of attack is nothing but a strawman.





    Quote Originally Posted by TheCount View Post
    Where does it say that? I don't see internal, external, foreigners, citizens... Somehow we're not supposed to interpret "such person's" as slaves, as was actually intended by the founders, but we can take it to mean foreigners? If A1S9 is granting the federal government the power to refuse the migration of "such person's", isn't it also granting the states the power to selectively admit "such persons?"
    It means any/everybody but it is then limited by the other clauses I cited so that Congress can't restrict the rights of citizens to enter the various states.

    Not all of the founders intended it to only apply to slaves and those that did had to grant Congress the power over ALL immigration in order to avoid admitting slaves to be property.



    Quote Originally Posted by TheCount View Post
    I appreciate your assistance. You're doing a fantastic job of illustrating exactly what I've said in other threads: you have an intended goal in mind, and you selectively interpret the law and Constitution as you see fit, in an entirely inconsistent manner - sometimes highly literal, sometimes not - in order to reach that goal, logic be damned.
    Nope.

    I dare you to show where I have interpreted the Constitution any less literally than I have here.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

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