27
   

Judge Roberts backlash

 
 
oralloy
 
  -2  
Reply Wed 11 Jul, 2012 07:25 pm
@parados,
parados wrote:
Oralloy wrote:
The only valid way to interpret the Constitution is to determine what the Framers intended, and enforce their will.


Which is a function of perception.


Only in the sense that all input is perception.



parados wrote:
It's easy to argue that they meant one thing or another.


Not so easy for those who want to argue that they meant something other than what they did mean.



parados wrote:
Why did they mean "arms" means any future designed weapon but "freedom from search and seizure" doesn't include any future designed means of communication?


Why would you suggest they didn't intend "freedom from search and seizure" to include any future designed means of communication?

While I have not studied the issue, I'm pretty sure they DID intend that.


Also, the "arms" thing is a bit more nuanced than your statement conveys. The term does not apply to any weapon whatsoever.

The right of non-militiamen to have arms is centered around self-defense. Weapons not very suitable for self defense would not apply.

The right of militiamen to have arms is centered around military weapons that an individual militiaman can maintain and operate himself. It would not extend to crew-served weapons.



parados wrote:
There is no "will of the Framers" other than how someone wants to interpret it.


No, the Framers had a clearly-expressed intent for everything they put in the Constitution.
oralloy
 
  -1  
Reply Wed 11 Jul, 2012 07:28 pm
@Cycloptichorn,
Cycloptichorn wrote:
Determining 'what they intended' is also a function of perception.


It's more a matter of going and learning what they actually intended.



Cycloptichorn wrote:
You really have no formal training in history or historiography, do you?


I expect I'll be able to hold my own.
0 Replies
 
cicerone imposter
 
  2  
Reply Wed 11 Jul, 2012 07:35 pm
@oralloy,
Is that why Americans can purchase machine guns?
oralloy
 
  -2  
Reply Wed 11 Jul, 2012 07:57 pm
@cicerone imposter,
cicerone imposter wrote:
oralloy wrote:
Also, the "arms" thing is a bit more nuanced than your statement conveys. The term does not apply to any weapon whatsoever.

The right of non-militiamen to have arms is centered around self-defense. Weapons not very suitable for self defense would not apply.

The right of militiamen to have arms is centered around military weapons that an individual militiaman can maintain and operate himself. It would not extend to crew-served weapons.


Is that why Americans can purchase machine guns?


To say we can purchase machine guns is a little misleading. Many people live in areas where the state or local government oppressively prevents it. And even for those who do live where it is allowed, they can only purchase from a finite pool of used machine guns, and at prices that are greatly-inflated due to the limitations of that finite pool.

In any case, no. The government currently violates the militia aspect of the right (they have only just begun to respect the self-defense aspect of the right). The current ability to purchase machine guns, such as it is, is not due to any right in the Constitution.

Were the government to start respecting the right of militiamen to purchase military weapons, such militiamen would be allowed to buy brand new weapons, without paying inflated prices, and without state and local governments being able to prevent it.
cicerone imposter
 
  3  
Reply Wed 11 Jul, 2012 08:10 pm
@oralloy,
Is that a yes?
parados
 
  1  
Reply Wed 11 Jul, 2012 08:14 pm
@oralloy,
Quote:
Why would you suggest they didn't intend "freedom from search and seizure" to include any future designed means of communication?

Would you argue that Scalia and Thomas are wrong when they expand the powers of the police?
parados
 
  1  
Reply Wed 11 Jul, 2012 08:16 pm
@oralloy,
Quote:
Also, the "arms" thing is a bit more nuanced than your statement conveys. The term does not apply to any weapon whatsoever.

I'm curious where the founders stated that was their intent.
oralloy
 
  -1  
Reply Wed 11 Jul, 2012 10:40 pm
@cicerone imposter,
cicerone imposter wrote:
Is that a yes?


No.
oralloy
 
  -1  
Reply Wed 11 Jul, 2012 10:40 pm
@parados,
parados wrote:
Oralloy wrote:
Why would you suggest they didn't intend "freedom from search and seizure" to include any future designed means of communication?


Would you argue that Scalia and Thomas are wrong when they expand the powers of the police?


I don't know. I'm not sure what event you are referring to.
0 Replies
 
oralloy
 
  -1  
Reply Wed 11 Jul, 2012 10:47 pm
@parados,
parados wrote:
Oralloy wrote:
Also, the "arms" thing is a bit more nuanced than your statement conveys. The term does not apply to any weapon whatsoever.


I'm curious where the founders stated that was their intent.


As far as the militia aspect of the right, the first militia law details what sorts of weapons they intended militiamen to buy and not buy. Since it was passed by the same group of people who were involved with making the Constitution, it is safe to presume that the details of the law reflected what they wanted.

Infantrymen and light cavalry both were required to provide all their own equipment (and in both cases their equipment was of the sort that each individual would personally use and maintain).

Note:
Quote:
That every citizen so enrolled and notified, shall within month thereafter, provide himself with a good musket or firelock of a bore not smaller than seventeen balls to the pound, a sufficient bayonet and belt, a pouch with a box therein to contain not less than twenty-four cartridges suited to the bore of his muket or firelock, each cartridge to contain a proper quantity of powder and ball, two spare flints, and a knapsack; and shall appear so armed, accountred and provided, when called out to exercise or into service as is herein directed, except that when called out on company days to exercise only, he may appear without a knapsack
Quote:
Each dragoon to furnish himself, at his own expence, with a serviceable horse, at least fourteen hands high, a good saddle, bridle, housing, holsters, and a breast plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch box to contain twelve cartridges for pistols.

http://web.archive.org/web/20110203210650/gunshowonthenet.com/2ALEGAL/Precedent/UniformMilitia1790.html



However there was no requirement for crews of artillerymen to supply their own cannon (which were crew-served weapons that were never operated by a single individual):

Quote:
That each company of artillery and troop of horse shall be formed of volunteers from the brigade, at the discretion of the regiment, nor more in number than one eleventh part of the infantry, and shall be uniformly cloathed in regimentals to be furnished at their own expence, the colour and fashion of which to be determined by the brigadier commanding the brigade to which they belong.
cicerone imposter
 
  3  
Reply Wed 11 Jul, 2012 10:49 pm
@oralloy,
I guess you really don't know what you post, because you wrote, [quote]for those who do live where it is allowed, they can only purchase from a finite pool of used machine guns, and at prices that are greatly-inflated due to the limitations of that finite pool.[/quote]

They can buy it, but your answer is "no?" ROFL
oralloy
 
  -1  
Reply Wed 11 Jul, 2012 11:09 pm
@cicerone imposter,
cicerone imposter wrote:
I guess you really don't know what you post,


Another error on your part. I know exactly what I post.



cicerone imposter wrote:
your answer is "no?" ROFL


Indeed. My answer to your question is no.
cicerone imposter
 
  3  
Reply Wed 11 Jul, 2012 11:11 pm
@oralloy,
You see it as an error on my part, because you lack logic, and don't comprehend what you write yourself.
oralloy
 
  -1  
Reply Wed 11 Jul, 2012 11:20 pm
@cicerone imposter,
cicerone imposter wrote:
You see it as an error on my part, because you lack logic, and don't comprehend what you write yourself.


You shouldn't run around falsely accusing people of your own lack of logic and reading comprehension.
0 Replies
 
revelette
 
  2  
Reply Thu 12 Jul, 2012 08:02 am
@oralloy,
Well, I just hope all you gun happy folks are ready to take up arms for the government with your horses and knapsacks, muskets or firelocks and cartridges full of powder and balls.
oralloy
 
  0  
Reply Thu 12 Jul, 2012 08:25 am
@revelette,
revelette wrote:
Well, I just hope all you gun happy folks are ready to take up arms for the government with your horses and knapsacks, muskets or firelocks and cartridges full of powder and balls.


For today's militiamen, the proper equipment would be machine guns, grenades/grenade launchers, and bazookas.
revelette
 
  2  
Reply Thu 12 Jul, 2012 08:37 am
@oralloy,
Are you waiting at home ready to take up arms in the event you are called out for the government militia?
oralloy
 
  0  
Reply Thu 12 Jul, 2012 09:25 am
@revelette,
revelette wrote:
Are you waiting at home ready to take up arms in the event you are called out for the government militia?


No. To be ready I'd need a proper M-16, some grenades, and maybe a bazooka.
Cycloptichorn
 
  1  
Reply Thu 12 Jul, 2012 09:37 am
@oralloy,
oralloy wrote:

revelette wrote:
Are you waiting at home ready to take up arms in the event you are called out for the government militia?


No. To be ready I'd need a proper M-16, some grenades, and maybe a bazooka.


Fortunately, we no longer require militias, and you won't need to be ready.

Cycloptichorn
Setanta
 
  1  
Reply Thu 12 Jul, 2012 09:38 am
The rew times the militia did any good in wartime simply serve as exceptions which prove the rule that the militia is worthless for national defense.
0 Replies
 
 

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