@aidan,
aidan wrote
Quote:I totally disagree with David on the gun issue.
I think there should be stricter gun laws and I've told him that.
When ratification of the Constitution was argued pro and con, in 1787 and 1788,
it was declared by those in favor of ratification (the Federalists)
that the question of whether the government honored its duty
to the citizens and to their freedom woud never be left in the government 's own hands;
rather it woud be in the hands of its creators and its employers: the citizens
who coud and woud overthrow it, as the King had just been overthrown qua his control of American colonies.
To prove that I am not just making this up, that this actually
WAS the prevalent philosophy,
let me cite to the US Supreme Court in
US v. MILLER 3O7 US 174 (1939).
In that case, the Court approvingly adopted the case of
AYMETTE v. STATE 2 Hump. [21 Tenn] 154, 158,
which held:
"the arms, the right to keep which is secured, are such as are usually employed in civilized warfare,
and that constitute
ordinary military equipment.
If the citizens have these arms in their hands,
they are prepared in the best possible manner to repel any encroachments on their rights." [emphasis added by David]
In a similar vein, supporting freedom of the citizens,
US Supreme Court Justice Joseph Story (1811-1845) pointed out that:
"The right of the citizens to keep and bear arms has justly been considered
as the Palladium of the
liberties of the republic since it
offers a strong moral check
against usurpation and
arbitrary power of the rulers; and will generally... enable
the people to resist
and triumph over them."[emphasis added by David]
His view was adopted by the US Supreme Court in
US v. MILLER (supra),
together with that of Judge Thomas Cooley who reiterated that idea, adding:
"The meaning of the provision... is that the people... shall have
the right to keep and bear arms and
they need no permission or regulation of law for the purpose."
[emphasis added by David]
In June of 2008, the USSC approvingly adopted this in the
HELLER case.
The
FIRST and
Highest Law in America no more allows any government
to control guns than to edit the Bible or control who has one.
For these reasons, it seems to me
that when u say: "I think there should be stricter gun laws . . . "
that is the same in principle as saying that bank tellers
shoud be able to make their own rules
as to whether and how much cash thay can take home from the vault each night.
David