0
   

Guns and the Supreme Court

 
 
Thomas
 
  1  
Reply Wed 26 Mar, 2008 07:10 am
McTag wrote:
Okay since there are honestly-held but polarised legal opinions on this matter, a clarification is obviously required, and a revision to the wording of the Constitution, written as it was all these years ago for a completely different world.

Maybe something along the lines of

"Whereas it is recognised that the function of law enforcement is nowadays undertaken by the police, and the function of defense of the state is undertaken by the armed forces, and no citizen has need to shoot his slaves or the indians or his neighbours or the redcoats any more,

and whereas many of the the people who own guns seem to be the very last people who should be let anywhere near them,

and due to a large number of regularly recurring regrettable incidents, for the better governance of the country and the safety of its citizens the previous widely-assumed "right of the people to bear arms" is hereby rescinded
."

Congratulations, you get it! Now all you have to do is persuade two thirds of each house of Congress to pass this amendment, then get three quarters of the states to ratify it -- and you're done!
0 Replies
 
H2O MAN
 
  1  
Reply Wed 26 Mar, 2008 07:18 am
McTag wrote:


Okay since there are honestly-held but polarized legal opinions on this matter, a clarification is obviously required, and a revision to the wording of the Constitution, written as it was all these years ago for a completely different world.

Maybe something along the lines of

"Whereas it is recognized that the function of law enforcement is nowadays undertaken by the police, and the function of defense of the state is undertaken by the armed forces, and no citizen has need to shoot his slaves or the Indians or his neighbors or the redcoats any more,

and whereas many of the the people who own guns seem to be the very last people who should be let anywhere near them,

and due to a large number of regularly recurring regrettable incidents, for the better governance of the country and the safety of its citizens the previous widely-assumed "right of the people to bear arms" is hereby rescinded
."


Rolling Eyes You just don't get it McTag

The need for a well armed public is stronger now than it ever has been.
0 Replies
 
maporsche
 
  1  
Reply Wed 26 Mar, 2008 07:37 am
H2O_MAN wrote:
McTag wrote:


Okay since there are honestly-held but polarized legal opinions on this matter, a clarification is obviously required, and a revision to the wording of the Constitution, written as it was all these years ago for a completely different world.

Maybe something along the lines of

"Whereas it is recognized that the function of law enforcement is nowadays undertaken by the police, and the function of defense of the state is undertaken by the armed forces, and no citizen has need to shoot his slaves or the Indians or his neighbors or the redcoats any more,

and whereas many of the the people who own guns seem to be the very last people who should be let anywhere near them,

and due to a large number of regularly recurring regrettable incidents, for the better governance of the country and the safety of its citizens the previous widely-assumed "right of the people to bear arms" is hereby rescinded
."


Rolling Eyes You just don't get it McTag

The need for a well armed public is stronger now than it ever has been.


ESPECIALLY if we keep electing people like Bush, who want's to take our freedoms.

OR

Obama, who wants to take our guns. We have to be able to defend ourselves against those who threaten us.
0 Replies
 
Brandon9000
 
  1  
Reply Wed 26 Mar, 2008 07:51 am
The people who wrote our Constitution felt that the only safe repository of power was the people, not the government.
0 Replies
 
Setanta
 
  1  
Reply Wed 26 Mar, 2008 08:05 am
Thomas wrote:
McTag wrote:
Okay since there are honestly-held but polarised legal opinions on this matter, a clarification is obviously required, and a revision to the wording of the Constitution, written as it was all these years ago for a completely different world.

Maybe something along the lines of

"Whereas it is recognised that the function of law enforcement is nowadays undertaken by the police, and the function of defense of the state is undertaken by the armed forces, and no citizen has need to shoot his slaves or the indians or his neighbours or the redcoats any more,

and whereas many of the the people who own guns seem to be the very last people who should be let anywhere near them,

and due to a large number of regularly recurring regrettable incidents, for the better governance of the country and the safety of its citizens the previous widely-assumed "right of the people to bear arms" is hereby rescinded
."

Congratulations, you get it! Now all you have to do is persuade two thirds of each house of Congress to pass this amendment, then get three quarters of the states to ratify it -- and you're done!


Thomas, Thomas, Thomas . . . you're so naïve. First he has to found a special interest group with more money and a wider base among the electorate than the National Rifle Association (an organization which seems much more interested in handguns and machine guns than in rifles).
0 Replies
 
McTag
 
  1  
Reply Wed 26 Mar, 2008 08:24 am
Brandon9000 wrote:

Fine. If you were even one of us, you could try to get part of our Bill of Rights rescinded by Constitutional amendment. But until that happens, the courts should protect the rights that the Founders actually did give us.

After that, you could work on speech, religion, freedom from unwarranted search and seizure. Yes, you could give up to the government all of our rights in the name of common security. However, we're talking about the law as it is now. Our Founders believed that the inherent, self-evident right to personal liberty implied directly the right to self-defense. Sorry. But you can turn your own government into a fascist, police state if it makes you feel better.


I still think there is more than a wee bit of obfuscation and disingenuousness in these answers. Self-delusion too. I don't mean to be rude, but sometime you're going to have to face this problem. Why not now?

A government does not have to be a fascist police state to want to control handguns. Most in fact do that very thing, those in the First World at any rate. A wee bit paternalistic, maybe, more hands-on, in the interest of the greater good.
0 Replies
 
Brandon9000
 
  1  
Reply Wed 26 Mar, 2008 08:33 am
McTag wrote:
Brandon9000 wrote:

Fine. If you were even one of us, you could try to get part of our Bill of Rights rescinded by Constitutional amendment. But until that happens, the courts should protect the rights that the Founders actually did give us.

After that, you could work on speech, religion, freedom from unwarranted search and seizure. Yes, you could give up to the government all of our rights in the name of common security. However, we're talking about the law as it is now. Our Founders believed that the inherent, self-evident right to personal liberty implied directly the right to self-defense. Sorry. But you can turn your own government into a fascist, police state if it makes you feel better.


I still think there is more than a wee bit of obfuscation and disingenuousness in these answers. Self-delusion too. I don't mean to be rude, but sometime you're going to have to face this problem. Why not now?

A government does not have to be a fascist police state to want to control handguns. Most in fact do that very thing, those in the First World at any rate. A wee bit paternalistic, maybe, more hands-on, in the interest of the greater good.

First of all, my central point is that the 2nd amendment says what it obviously says, that the government may not make any laws limiting the right of the people to own and carry arms. I wouldn't matter if it said, "Guns are terrible and no one should use them, therefore, the right of the people to own and bear arms shall not be infringed," the second clause forbids the government to limit gun rights, no matter what one might speculate was the intended meaning of the first clause. Until the law is changed, the courts must support it.

Secondly, altough it's irrelevant to the Heller case, since it must be decided on the basis of existing law, I personally agree that every individual has an inherent right to self-defense. Forbidding someone to defend himself effectively is, indeed, inconsistent with freedom.

It is far, far better to err on the side of giving people too much freedom than too little. I'm glad that public office holders are required to swear that they will preserve, protect and defend the Constitution, because it has an unending stream of enemies.
0 Replies
 
Roxxxanne
 
  1  
Reply Wed 26 Mar, 2008 08:40 am
Laptop Computer: $899
Internet Connection: $29.95/month
Brandon arguing Constitutional Law: priceless
0 Replies
 
H2O MAN
 
  1  
Reply Wed 26 Mar, 2008 08:50 am
She gets it Cool

http://www.athenswater.com/images/EBR-Ashley.jpg
0 Replies
 
Setanta
 
  1  
Reply Wed 26 Mar, 2008 08:53 am
The gun wackos really get a nut from an image like that . . .
0 Replies
 
H2O MAN
 
  1  
Reply Wed 26 Mar, 2008 09:07 am
Setanta wrote:
The anti-gun wackos really get a nut from an image like that . . .


I realize that you intended to say anti-gun wackos really get a nut from an image like that... so I corrected it for you.
0 Replies
 
OmSigDAVID
 
  1  
Reply Wed 26 Mar, 2008 09:08 am
Brandon9000 wrote:
The people who wrote our Constitution felt that
the only safe repository of power was the people, not the government.

Yes; esepcially Patrick Henry
David
0 Replies
 
Brandon9000
 
  1  
Reply Wed 26 Mar, 2008 09:13 am
Roxxxanne wrote:
Laptop Computer: $899
Internet Connection: $29.95/month
Brandon arguing Constitutional Law: priceless

So, you disagree? If so, how? Must every argument instantly degenerate into disparaging the other poster, or do you actually have something to say about the topic?
0 Replies
 
OmSigDAVID
 
  1  
Reply Wed 26 Mar, 2008 09:21 am
Brandon9000 wrote:
The people who wrote our Constitution felt that
the only safe repository of power was the people, not the government.

Their vu of political reality
might be analogized to owners of real estate
choosing to hire a property manager after
having had a lot of trouble in getting rid of the last one.

Thay were leary of engaging a new one
whose services cud not be dislodged,
and who cud designate his own salary and expense account,
at their expense. Thay were wary of that.
David
0 Replies
 
Setanta
 
  1  
Reply Wed 26 Mar, 2008 09:21 am
OmSigDAVID wrote:
Brandon9000 wrote:
The people who wrote our Constitution felt that
the only safe repository of power was the people, not the government.

Yes; esepcially Patrick Henry
David


Leaving aside the good evidence that Patrick Henry was a self-promoting bullshit artist--Patrick Henry was not one of the people who wrote our constitution.
0 Replies
 
Setanta
 
  1  
Reply Wed 26 Mar, 2008 09:22 am
H2O_MAN wrote:
Setanta wrote:
The anti-gun wackos really get a nut from an image like that . . .


I realize that you intended to say anti-gun wackos really get a nut from an image like that... so I corrected it for you.


I've long known that conservatives gun-nuts are born liars, you didn't need to provide such pathetic evidence.
0 Replies
 
OmSigDAVID
 
  1  
Reply Wed 26 Mar, 2008 09:29 am
Setanta wrote:
OmSigDAVID wrote:
Brandon9000 wrote:
The people who wrote our Constitution felt that
the only safe repository of power was the people, not the government.

Yes; esepcially Patrick Henry
David


Leaving aside the good evidence that Patrick Henry was a self-promoting
bullshit artist--Patrick Henry was not one of the people who wrote our constitution.

1 ) America was based upon EVERYONE in his right mind
being into self promotion.

2 ) Patrick Henry was leader of the Anti-federalists.
He was outraged by failure to include a bill of rights in the proposed constitution.
Without his influence over the pre-eminent State,
and without his threat to call a second constitutional convention,
we might never have had The Bill of Rights.

I suppose that liberal enemies of freedom like u 'd prefer it that way.




David
0 Replies
 
Brandon9000
 
  1  
Reply Wed 26 Mar, 2008 09:32 am
Setanta wrote:
OmSigDAVID wrote:
Brandon9000 wrote:
The people who wrote our Constitution felt that
the only safe repository of power was the people, not the government.

Yes; esepcially Patrick Henry
David


Leaving aside the good evidence that Patrick Henry was a self-promoting bullshit artist--Patrick Henry was not one of the people who wrote our constitution.

Yes, if I'm not mistaken, he actually opposed it as creating too strong a central government.
0 Replies
 
H2O MAN
 
  1  
Reply Wed 26 Mar, 2008 09:34 am
Setanta wrote:
H2O_MAN wrote:
Setanta wrote:
The anti-gun wackos really get a nut from an image like that . . .


I realize that you intended to say anti-gun wackos really get a nut from an image like that... so I corrected it for you.


I've long known that conservatives gun-nuts are born liars, you didn't need to provide such pathetic evidence.


Laughing that's pretty weak coming from a liberal gun-nut :wink:
0 Replies
 
OmSigDAVID
 
  1  
Reply Wed 26 Mar, 2008 09:38 am
Setanta wrote:
H2O_MAN wrote:
Setanta wrote:
The anti-gun wackos really get a nut from an image like that . . .


I realize that you intended to say anti-gun wackos really get a nut from an image like that... so I corrected it for you.


I've long known that conservatives gun-nuts are born liars,
you didn't need to provide such pathetic evidence.

So, according to YOU:
ONLY deceptive people wish to be able to defend their lives from violence ?

According to Mr. Setanta:
forthright men of candor
shout to all predators, with ONE VOICE: " Here I am: take me; I 'm yours.
Do with me and my property as u wish,
subject only to your own discretion ! "
0 Replies
 
 

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