BillRM
 
  1  
Reply Sat 3 Jan, 2009 12:24 pm
@hawkeye10,
One does wonder if a mob was headed in the direction of TKO home and or business with the goal of destroying all he had work for and perhaps killing him or his family if he would not be calling for the use of deadly force to stop the mob if need be.

A mob once form is a stupid and deadly creature that Napoleon stated should be deal with by using a whiff of grape shot from cannons.
BillRM
 
  1  
Reply Sat 3 Jan, 2009 01:19 pm
@hawkeye10,
Hawkeye as a interesting footnote under my state laws if I was going for a walk and came across someone about to throw a Molotov cocktail into a building it would be one hundred percent legal for me to pull out my gun and shot the SOB without warning.

Throwing a firebomb come under what is call the forcible felonies laws in my state. Other actions that come under this law is rape and car jacking and any citizen can use deadly force to stop such actions cold.
0 Replies
 
Debra Law
 
  1  
Reply Sat 3 Jan, 2009 03:47 pm
@BillRM,
BillRM wrote:
A mob once form is a stupid and deadly creature that Napoleon stated should be deal with by using a whiff of grape shot from cannons.


The MOB = Stupid and deadly creature.

Exactly. That's what we've been telling you. Right now, you're participating in a stupid mob that is engaged in the unconstitutional tyranny and oppression of a minority.

The framers of our constitutional republic understood the dangers of the stupid mob:

Quote:
No political truth is certainly of greater intrinsic value, or is stamped with the authority of more enlightened patrons of liberty, than that on which the objection is founded. The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny.

Source: FEDERALIST No. 47

Quote:
If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. . . .

It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure. . . .

In a free government the security for civil rights must be the same as that for religious rights. . . .

Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger; and as, in the latter state, even the stronger individuals are prompted, by the uncertainty of their condition, to submit to a government which may protect the weak as well as themselves; so, in the former state, will the more powerful factions or parties be gradnally induced, by a like motive, to wish for a government which will protect all parties, the weaker as well as the more powerful.

Source: FEDERALIST No. 51

The framers of our Constitution established a government that secures the liberty interests of ALL the people. If the tyranny of mob rule was not prohibited, then no one's rights would ever be secure. After all, you never know when the stupid mob will turn on you and take away your rights. Our Constitution is the supreme product of the people's will. Our founders united long ago and proclaimed that the purpose of our government was to protect ALL the people, the weaker as well as the more powerful.
hawkeye10
 
  1  
Reply Sat 3 Jan, 2009 04:25 pm
@Debra Law,
Your claim that the majority is always wrong/irrational/ stupid is an argument that democracy is impossible, which is offensive and wrong. The Founders though so much of your theory of individual rights that they did not think that a bill of rights was needed, and did not include one. It is liberal theory which has it that individual freedom from the collective and individual rights must be the bedrock of constitutional society, and is irrevocable. This liberal theory has however become one of the main problems with civilization, as is evidenced by the continuing break down of civilization, with societies becoming unmanageable and thus lawless.

You need to get your mind around the fact that the US Constitution supported majority rule for a long time, and can again. we have seen the failure of individual rights based society, and are rapidly moving towards socialism theory as a fix.
Debra Law
 
  1  
Reply Sat 3 Jan, 2009 05:29 pm
@hawkeye10,
hawkeye10 wrote:

Your claim that the majority is always wrong/irrational/ stupid is an argument that democracy is impossible, which is offensive and wrong.


MY CLAIM (supported by fact and law) is that the CONSTITUTION secures the civil rights and liberties of ALL the people. IF a majority unites to take away or infringe upon the rights of individuals or minorities, THEN the injured individuals / minorities may invoke the protection of the constitution. Our government is not a pure democracy. Thus, a majority coalition does not have the power and authority to tyrannize and oppress minorities. It is OFFENSIVE and WRONG that you don't understand that basic fact.

Hawkeye10 wrote:
The Founders though so much of your theory of individual rights that they did not think that a bill of rights was needed, and did not include one.


You have not demonstrated any knowledge about our history. Many founders did not think a bill of rights was necessary because the people did not surrender any of their rights to the government. They proclaimed that their rights were INABLIENABLE (meaning incapable of being surrendered or transferred to a governing power). They did not grant the government any power to strip them of their rights.


Hawkeye10 wrote:
This liberal theory has however become one of the main problems with civilization, as is evidenced by the continuing break down of civilization, with societies becoming unmanageable and thus lawless.


Only an ignorant and irrational creature such as yourself would equate the quest for justice and equal protection under the law with the break down of civilization. You bathe yourself in oxymorons. Educate yourself:

Quote:
Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit....

FEDERALIST No. 51

But for that "liberal theory," our founders would not have fought the revolutionary war and there would not be a United States of America today.

Hawkeye10 wrote:
You need to get your mind around the fact that the US Constitution supported majority rule for a long time, and can again. we have seen the failure of individual rights based society, and are rapidly moving towards socialism theory as a fix.


Shifting coalitions of people form majorities. The composition of majorities change as often the wind shifts direction. The majority may do whatever it chooses so long as it doesn't take away or infringe upon the rights of individuals and minorities. In other words, there are just some things that "majority rule" cannot accomplish. That's the foundation of a constitutional republic. Wrap your mind around that basic fact.
BillRM
 
  1  
Reply Sat 3 Jan, 2009 05:49 pm
@Debra Law,
The framers of our constitutional republic understood the dangers of the stupid mob:
----------------------------------------------------------------------
LOL : I just can see going back in a time machine and asking our founding fathers if they had ever dream that a right to same sex marriage could somehow be found in the constitution!

Maybe Franklen would not fall over laughing but off hand i could not think of any other of our founding fathers who would agree with your silliness.

Adam would more then likely had a heart attack from the question alone.

Come on silly lady the founders had no intention of granting gay rights and they was more inclined to view the early Roman period as a role model not the Greeks.



hawkeye10
 
  1  
Reply Sat 3 Jan, 2009 05:58 pm
@Debra Law,
Quote:
But on one point the delegates of the Federal Convention were in near agreement. There was no need to attach a declaration of rights, of the kind found in the state constitutions, to their proposed Constitution.


page 106
http://books.google.com/books?id=knYDMgNcX6EC&pg=PA150&lpg=PA150&dq=constitution+%22majority+rights%22&source=bl&ots=pD3loet2x3&sig=I5_Yu1iU1hY6F-JOhIlNyNbpunk&hl=en&sa=X&oi=book_result&resnum=10&ct=result#PPA106,M1

Interesting book, which seems to totally refute your claims of what the founders intended.....but then you usually can't back up your assertions
BillRM
 
  1  
Reply Sat 3 Jan, 2009 06:05 pm
@hawkeye10,
Their thinking at the time was there was no reason to limit the federal government as the constitution only allow then to act in very narrow spheres in any case.

However in order to get the constitution pass there ended up needing to be a gentlemen agreement to pass the bill of rights amendments afterward.

The Constitution being pass was not a sure thing by far and Hamilton in New York and Jefferson in Virginia work day and night to get those two key states to pass it. The two gentlemen even have a relay of riders set up so they could coordinate their efforts better.
0 Replies
 
Debra Law
 
  1  
Reply Sat 3 Jan, 2009 06:29 pm
@BillRM,
BillRM wrote:
I just can see going back in a time machine and asking our founding fathers if they had ever dream that a right to same sex marriage could somehow be found in the constitution!


We don't live in the dark ages nor are we frozen in the 18th Century. If we were, women would not have a legal existence separate from their husbands and our men would still be carrying muskets into battle. Our founders understood that societies evolve, science progresses, knowledge is gained, and we become more enlightened as a people.

The Supreme Court wrote:
Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.


LAWRENCE ET AL. v. TEXAS, 539 U.S. 558, 578-579 (2003)





BillRM
 
  1  
Reply Sat 3 Jan, 2009 06:39 pm
@Debra Law,
No one found a right for women to vote before the 18 amendtment and yet you are claiming that the 14 allow gay married!!!!!!!!!!!!

spendius
 
  1  
Reply Sat 3 Jan, 2009 06:42 pm
@Debra Law,
Quote:
We don't live in the dark ages nor are we frozen in the 18th Century. If we were, women would not have a legal existence separate from their husbands and our men would still be carrying muskets into battle. Our founders understood that societies evolve, science progresses, knowledge is gained, and we become more enlightened as a people.


In which case, Debra, why don't you bring your legal authority to bear on those pro-Darwin activists who continually quote bits of the Constitution at us? I hope you know how many posts from the atheist fringe you just wiped out.

Do you think it is progress to have gone beyond women not having a legal existence separate from their husbands and men still carrying muskets into battle. You prefer remote controlled drones I presume.

What do you mean by "enlightened as a people"? I know it sounds good but give us an idea what it is. Is it Big Brother or I'm a Celebrity-Get Me Out of Here?
0 Replies
 
BillRM
 
  1  
Reply Sat 3 Jan, 2009 06:47 pm
@Debra Law,
We don't live in the dark ages nor are we frozen in the 18th Century. If we were, women would not have a legal existence separate from their husbands and our men would still be carrying muskets into battle. Our founders understood that societies evolve, science progresses, knowledge is gained, and we become more enlightened as a people.
-----------------------------------------------------------------------------------------------
So the constitution is therefore meaningless as it can mean anything you wish it to correct Debra!

There is a method that is clear for adding rights or anything else to the constitution and past generations had used that method many times as in the 19 amendment for women right to vote.

Yes I know you can not do so as the majority of citizens are not as enlighten as you are and will not allow this right to be added.
0 Replies
 
Debra Law
 
  1  
Reply Sat 3 Jan, 2009 06:49 pm
@hawkeye10,
Debra Law wrote:
Hawkeye10 wrote:
The Founders though so much of your theory of individual rights that they did not think that a bill of rights was needed, and did not include one.


You have not demonstrated any knowledge about our history. Many founders did not think a bill of rights was necessary because the people did not surrender any of their rights to the government. They proclaimed that their rights were INABLIENABLE (meaning incapable of being surrendered or transferred to a governing power). They did not grant the government any power to strip them of their rights.


hawkeye10 wrote:

Quote:
But on one point the delegates of the Federal Convention were in near agreement. There was no need to attach a declaration of rights, of the kind found in the state constitutions, to their proposed Constitution.


page 106
http://books.google.com/books?id=knYDMgNcX6EC&pg=PA150&lpg=PA150&dq=constitution+%22majority+rights%22&source=bl&ots=pD3loet2x3&sig=I5_Yu1iU1hY6F-JOhIlNyNbpunk&hl=en&sa=X&oi=book_result&resnum=10&ct=result#PPA106,M1

Interesting book, which seems to totally refute your claims of what the founders intended.....but then you usually can't back up your assertions


You still haven't demonstrated any knowledge about history. You fail to explain WHY some founders did not believe a bill of rights was necessary. It's not because they frowned upon individual rights as you allege. Why don't you read the federalist papers?

Quote:
The most considerable of the remaining objections is that the plan of the convention contains no bill of rights. ...

I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power. They might urge with a semblance of reason, that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it was intended to be vested in the national government. This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights.


FEDERALIST No. 84


Most of the people DID want a bill of rights. In order to get the States to ratify the Constitution, the people were promised a bill of rights which was in fact drafted by our nation's First Congress. The Ninth Amendment was drafted to address the concerns set forth in Federalist Papers.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.




Debra Law
 
  1  
Reply Sat 3 Jan, 2009 06:53 pm
@BillRM,
BillRM wrote:

No one found a right for women to vote before the 18 amendtment and yet you are claiming that the 14 allow gay married!!!!!!!!!!!!




The right to marry--a fundamental liberty interest--existed long before the passage of any constitutional amendments.
BillRM
 
  1  
Reply Sat 3 Jan, 2009 07:17 pm
@Debra Law,
I agree the right for heterosexuals to marry is a fundermental right though out history as it have a direct connection with producing and caring for the next generation.

There is no history or right to call private homosexual relationships marriage however or grant state licenses.

If you wish that right you are just going to need to amendment the constitution.
hawkeye10
 
  1  
Reply Sat 3 Jan, 2009 07:46 pm
@Debra Law,
Quote:
You still haven't demonstrated any knowledge about history. You fail to explain WHY some founders did not believe a bill of rights was necessary. It's not because they frowned upon individual rights as you allege


because for the founders the boundary between two individuals' rights was always a moving target, it was fooling to make statements to the effect "a person always has the right to xyz" And it was not SOME founders, it was almost all, and the bill of rights was added letter as a political expediency to get approval of the Constitution, and was then deemed so important that it was largely forgotten for a hundred years. You start from the position that the individual should be free from all influence by other persons unless other individuals can form a logical argument for why they should have a say in what you do...this conception of an individual apart and free from the collective never occured to the founders, being so alien to what they knew and to how humans have lived through history. we are in fact not apart from the collective, we are of it and made by it....law that is hostile to this fact and does not recognize that this is how humans live is not helpful to human survival. It will be done away with, as it must be. The founders started from the point that minorities and minority groups must have a say, a voice, they never claimed that minorities had the right to do what ever they wanted to do. We need to get back to the constitution as it was intended, before law became infected with the liberalism that came after. I am a socialist, as leftly as one can get, but the right wings is totally right about how law has gone off the rails.
BillRM
 
  1  
Reply Sat 3 Jan, 2009 08:34 pm
@hawkeye10,
Hawkeye it is very unkind to confuse gay right movement supporters with statements like your that you are a far left socialist, as they all seem to have a very simple world view of anyone who could dare to disagree with them.

This view that it is a group of gun loving gay hating far right bigots with a bible under their arms and that this seem somehow and in some manner to give them great comfort.

That an atheist like myself or anyone from the left in any regard could not be hundred percent behind granting them any wish they might come up with is shocking to them.

Debra is an interesting case. When it is pointed out that there was no intend by the founders to grant wide ranging rights beyond the letter of the constitution and such added rights as the right for women to vote for example needed to be added by amendment she then fall back that the right to marry is even more fundamental then women voting rights and therefore can be founded hidden in the document.

Well sadly she does have a point that the right to married is a needed right that when the court had wave it magic wand in the past to find such a right the society as a whole did agree to look the other way.

However what she does not seem to understand is that expanding the class that is cover by marriage to a class of people that had never had a claim on that state of being in the history of the human race is far far beyond the SC magic wand powers.

It instead need an amendment to the constitution to bring about.
0 Replies
 
Debra Law
 
  1  
Reply Sun 4 Jan, 2009 04:15 am
@BillRM,
BillRM wrote:

I agree the right for heterosexuals to marry is a fundermental right though out history as it have a direct connection with producing and caring for the next generation.

There is no history or right to call private homosexual relationships marriage however or grant state licenses.

If you wish that right you are just going to need to amendment the constitution.


How many times must I address your frivolous argument? You keep ignoring every bit of information that is posted that refutes your narrow-minded view that only those things that existed when our nation was founded are constitutionally protected. Again, look at what Justice Scalia said about the constitution:

Justice Scalia wrote:
Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35"36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.

DISTRICT OF COLUMBIA V. HELLER
http://supreme.justia.com/us/554/07-290/opinion.html

Our constitution was written to endure from one generation to the next. Constitutional protection of individual rights extends to modern forms of bearable arms, modern forms of communications, modern forms of search, and MODERN FORMS OF FAMILIES.

In our MODERN times, many families are headed by homosexual couples. Because these families exist, the government must necessarily deal with them. The necessity to deal with existing familial relationships and obligations has always been recognized:

Quote:
Marriage, while from its very nature a sacred obligation, is nevertheless, in most civilized nations, a civil contract, and usually regulated by law. Upon it society may be said to be built, and out of its fruits spring social relations and social obligations and duties, with which government is necessarily required to deal.

REYNOLDS v. U.S., 98 U.S. 145 (1878)
http://laws.findlaw.com/us/98/145.html

Committed homosexual couples and their families are not seeking a new right--they are seeking to exercise the existing fundamental right to marry. They are seeking to participate equally in our existing civil institution of marriage that regulates familial benefits and duties.

Chief Justice Kaye (NY) noted the following about homosexual couples:

"[They] represent a cross-section of New Yorkers who want only to live full lives, raise their children, better their communities and be good
neighbors.

For most of us, leading a full life includes establishing a family. Indeed, most New Yorkers can look back on, or forward to, their wedding as among the most significant events of their lives. They, like plaintiffs, grew up hoping to find that one person with whom they would share their future, eager to express their mutual lifetime pledge through civil marriage. Solely because of their sexual orientation, however--that is, because of who they love--plaintiffs are denied the rights and responsibilities of civil marriage."

Fundamental rights are fundamental rights. Chief Justice Kaye (New York) wrote, "fundamental rights, once recognized, cannot be denied to particular groups on the ground that these groups have historically been denied those rights. . . . Simply put, fundamental rights are fundamental rights. They are not defined in terms of who is entitled to exercise them."

Again, look at the language of the Lawrence case: "times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom."

Same-sex couples and their modern day families exist in substantial numbers in every state in our nation. State-sponsored oppression of these existing modern-day couples and their families through the operation of our laws cannot be justified.
spendius
 
  1  
Reply Sun 4 Jan, 2009 07:03 am
@Diest TKO,
Quote:
The military hasn't fallen apart since Women have been let in. Ours is not the only military in the world, and for that fact, other armies do enlist women.


But what does "the military" mean. Colonel Hall's receptionist/typist was in the miltary. Doing a civilian job in uniform is only "military" by word meaning slippage. The women in space are only there as a gesture. The idea that they are the best qualified for the tasks is ludicrous.

Making the gesture is tantamount to admitting their incapacity. Has one landed the shuttle yet? Has one piloted a 400 seat jet-plane without a male co-pilot yet?

You're having yourselves on.

0 Replies
 
spendius
 
  1  
Reply Sun 4 Jan, 2009 07:06 am
@Debra Law,
Quote:
How many times must I address your frivolous argument?


You like doing that Debra. It's easy you see.

I notice you don't address the non-frivolous arguments.
0 Replies
 
 

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