9
   

Fight the U.N. Gun Ban

 
 
Advocate
 
  1  
Wed 23 Apr, 2008 04:32 pm
oralloy wrote:
Advocate wrote:
One can argue that, relative to 2A, only the people who are members of a militia have an unfettered right to bear arms.


People have the right to join the militia. The government is violating this right by not providing them a militia to join if they wish.



I guess the govt. is denying me my right to bear arms by not providing me with a gun.
0 Replies
 
OmSigDAVID
 
  0  
Wed 23 Apr, 2008 04:36 pm
Advocate wrote:
oralloy wrote:
Advocate wrote:
One can argue that, relative to 2A, only the people who are members of a militia have an unfettered right to bear arms.


People have the right to join the militia. The government is violating this right by not providing them a militia to join if they wish.



I guess the govt. is denying me my right to bear arms by not providing me with a gun.

Did u c my answer to u ?




David
0 Replies
 
Advocate
 
  1  
Wed 23 Apr, 2008 05:27 pm
Dave, I did see your answer, and appreciate all the time you put into it. Unfortunately, I don't have the time to do research equal to yours.

But, I am totally unconvinced by your arguments. Verduga is certainly not dispositive relative to the 2A conflict. As I mentioned before, it does not even discuss the important militia wording. You essentially ignore this, which you have no right to do.

I do believe that the conservative majority will rule your way, and that may be the end of it. However, I think the court will allow the right of the individual to bear to be regulated.

Interestingly, Obama, who taught constitutional law, agrees with you, but adds that the community has a right (from where, I don't know) to regulate the right of the individual to bear arms.
0 Replies
 
oralloy
 
  0  
Wed 23 Apr, 2008 07:15 pm
Advocate wrote:
oralloy wrote:
Advocate wrote:
One can argue that, relative to 2A, only the people who are members of a militia have an unfettered right to bear arms.


People have the right to join the militia. The government is violating this right by not providing them a militia to join if they wish.



I guess the govt. is denying me my right to bear arms by not providing me with a gun.


No. They are denying your right to bear arms by not letting you buy an M-16 or join a militia.
0 Replies
 
Advocate
 
  1  
Thu 24 Apr, 2008 01:07 pm
Oral, ah, you agree that the right to bear arms is in connection with one's membership in a militia.
0 Replies
 
OmSigDAVID
 
  0  
Thu 24 Apr, 2008 04:20 pm
Advocate wrote:
Oral, ah, you agree that the right to bear arms is in connection with one's membership in a militia.

I imagine that it 'd be a pointless exercise in futility to be an unarmed militiaman.
0 Replies
 
oralloy
 
  0  
Thu 24 Apr, 2008 06:59 pm
Advocate wrote:
Oral, ah, you agree that the right to bear arms is in connection with one's membership in a militia.


One of the rights to bear arms is related to the militia.

It is within reason for the government to insist that this right be exercised in conjunction with membership in an organized militia IF the government has organized such a militia for people to join.

If the government does not have an organized militia for people to join, it is not reasonable for them to insist on membership in an organized militia before people exercise their rights to have militia weapons.


Another of the rights to bear arms is related to self-defense. That right is not related to the militia.
0 Replies
 
OmSigDAVID
 
  0  
Fri 25 Apr, 2008 08:24 am
oralloy wrote:
Advocate wrote:
Oral, ah, you agree that the right to bear arms is in connection with one's membership in a militia.


One of the rights to bear arms is related to the militia.

It is within reason for the government to insist that this right be exercised in conjunction
with membership in an organized militia IF the government
has organized such a militia for people to join.

If the government does not have an organized militia for people to join,
it is not reasonable for them to insist on membership in an organized
militia before people exercise their rights to have militia weapons.


Another of the rights to bear arms is related to self-defense.
That right is not related to the militia.

With all respect,
I must dissent from these points of vu.
I do not believe that thay accurately reflect history,
nor what 2A says, nor what 2A was intended to convey.

The structure of the Constitution is to organize the distribution
of political power and rights in limitation of that power.

The Constitution IS whatever it is,
regardless of anything being "reasonable" or not; what is "reasonable"
is what is hopelessly subjective and UNDEFINABLE.

From reading their writings,
and from our knowledge of freedom loving political philosophers
for whom thay expressed hi esteem and adulation,
and from objective facts of the time (e.g., the American Revolution)
we know EXACTLY what the Authors of the Constitution had in mind,
and the denial thereof is a defense by the liberal hypocrisy
of modern semi-marxist collectivist-authoritarians.
(That observation is NOT directed to U, Oralloy.)

The Supreme Law of the Land says what it means and it means what it says.

It does not say that government is obligated to create a private militia,
nor a militia of any kind,
tho it is empowered to create a government militia in Article I Section 8.
In the parlance of those times, and the centuries that led up to them,
a "well regulated" militia was a private militia of the guys in the neighborhood,
who were sufficiently well disciplined as not to shoot up the town
on a Saturday nite, and were sufficiently trained in combat skills
and were sufficiently well disciplined to hold the line,
and bravely keep fighting while in battle, not to turn and flee the scene.

If, for any reason, the citizens, or some part thereof,
become DISSATISFIED with a government militia, then under 2A
thay r free to organize themselves into militia that is to their preference,
the same as if thay did not like a government backed fire dept,
thay cud create their own, or if thay did not like a government sponsored
soup kitchen, thay cud start their own.
(This is not to say that thay were free to leave in the middle of a battle,
tho, in fact, thay were known to DO that, as did the regulars.)

The other kind of militia were the PUBLICly funded and government operated fellows,
as represented in Article I Section 8 of the Constitution.
In theory (and in actual practice, during the Civil War) well armed private citizens,
organized into private militia cud be brought into military conflict
with the militia of Article I Section 8.

Many things may be "necessary,"
but r not provided by government, for instance,
in those times, private citizens organized volunteer fire depts.
and volunteer libraries, long before government got into doing that.
Good weather is "necessary: for robust crops,
but government did not provide good weather
and clear skies r "necessary" for sailors to plot their courses,
but government does not provide clear skies.


Simply put, 2A was enacted to ensure that NO jurisdiction
of any government be brought to bear to interefere with
any citizens arming themselves for personal defense, nor
to interfere with their organizing themselves into militia,
if thay choose to do so.
This was against a historical background
of their being NO POLICE
anywhere in the USA in the 1700s, nor in England.

(Firewatches and private constables don 't count.)




David
0 Replies
 
Advocate
 
  1  
Fri 25 Apr, 2008 09:47 am
Dave, there is so much wrong in your statement that one could write a book on it.

There is absolutely no support for your statement that a well-regulated militia could be the guys hanging out at the poolroom, or, for that matter, the ex-con punks in the hood.

I agree that the constitution is not what you want it to be, but is what it is. It states very explicitly that the right to bear arms is in the context of membership in a well-regulated militia. The drafters did not insert militia wording in 2A for the hell of it. Really, if the right wants a meaning that veers from the explicit wording, it should seek to amend the constitution, and not dream up wild, self-serving, interpretations.
0 Replies
 
OmSigDAVID
 
  0  
Fri 25 Apr, 2008 10:51 am
oralloy wrote:

OmSigDAVID wrote:
Ramafuchs wrote:
Mind you comrades there is hell after death.
Enjoy your heavenly bliss whil you uphold the unfulfilled Aerican dreams
and fail not to show your fag as a mark of your birth place .
I am a critical athiest who support non-barbarism

Can u PROVE your allegation that there is hell after death ?


Quote:
People who go through near-death experiences
tend to report seeing their life flash in front of their eyes.

I know.
I used to know a chic who told me of that happening to HER,
in a state of good health, when she feared, in error,
that she was about to get killed in a traffic accident.





Quote:
One part of that process is said to involve reliving every
negative and positive experience that they caused other people,
from the other person's perspective.

Yes, and even from those of secondary victims,
who were remote from the scene, at the time.
Dr. Raymond Moody, M.D. calls that the "ripple effect."

I belong to the International Association of Near Death Studies
www.IANDS.org
and have attended their meetings.
One thing that I do NOT know, tho I've asked,
is the effect of self defense.
Well, Jesus said that if u don 't have a sword "buy one." Luke 22:36
I believe that in modern experience, that extrapolates
to a .44 special revolver loaded with hollowpointed slugs for stopping power.


Quote:

Don't know if that counts as hell, but if someone goes around causing pain to other people,
it seems likely they will have to experience all that pain themselves once they die.

Yes.
Its good NOT to be Stalin, Pol Pot nor Saddam.

On the OTHER hand,
if u practice kindness to your fellow Americans,
then extrapolating the same principle,
u shud vicariously experience empathic JOY,
( like slipping a beautiful waitress a $100.oo tip each time she brings u wine,
or dropping several pounds of dimes n quarters from a hot air balloon onto a grassy park,
near ( not on ) children playing there, etc.;[NO NICKLES thay r dangerous and CHEAP !!] )
Be good to your friends at Christmas time,
and give them unexpected presents at other times;
(like automatic umbrellas unexpectedly stuffed inside with a lot of $20s, $50s, and $100 bills;
that causes temporary alarm, but thay seem to like it, when thay get up off of the floor)
or just surreptitiously sneaking $100.oo bills into their purses or pockets of outer garments.

About 25 years ago, the young lady I was seeing
had a 10 year old boy (approximately). In April, someone I know
sent him a $100 bill (cash) in the mail, with a return address of the IRS
asserting that this was his tax refund. It was obviously fony, and I 'm sure that he knew
that the IRS does not send cash thru the mail.
Its very likely that he discusssed this with his friends at school.
It seems improbable that many of the other students had been similarly begifted.
Every time that he re-told the experience,
he re-lived it, in his mind (tho it did not cost another $100).
Have u ever thrown a stone into a pond,
to c the effects of the ripples ?

Anyway, that sort of stuff may be better than vicarious pain.




David
0 Replies
 
OmSigDAVID
 
  0  
Fri 25 Apr, 2008 11:42 am
Advocate wrote:
Dave, there is so much wrong in your statement that one could write a book on it.

There is absolutely no support for your statement that a well-regulated militia could be the guys hanging out at the poolroom, or, for that matter, the ex-con punks in the hood.

I agree that the constitution is not what you want it to be, but is what it is. It states very explicitly that the right to bear arms is in the context of membership in a well-regulated militia. The drafters did not insert militia wording in 2A for the hell of it. Really, if the right wants a meaning that veers from the explicit wording, it should seek to amend the constitution, and not dream up wild, self-serving, interpretations.

Nothing either of us say
will have any effect upon what the USSC chooses to DO.
We r only chatting here.

Having said that:
your zeal in favor of your chosen position
is causing u to hallucinate words that wud support u if thay WERE there, but are not.
2A says nothing about MEMBERSHIP in any militia,
nor does it say (as u claim, in error) that the right to bear arms
is in the context of memebership in a militia.
The reference to a militia is offered only as an explanation of the reason
that the right to keep and bear arms shall not be infringed.
It is as if your boss says:
"Ad, be here on time tomorrow at 9am; we are going to have a meeting."
U were still under orders to appear there at 9am,
regardless of whether any meeting actually happens.
Get the point ?? Do u ?

In the words of retired Professor Roy Copperud
(University of Southern California, author of American Usage and Style:
The Consensus, on the usage panel of the American Heritage Dictionary,
and cited as an expert by Merriam Webster's Usage Dictionary, winner
of the Association of American Publishers' Humanities Award):

1. "The sentence does not restrict the right to keep and bear arms,
nor does it state or imply possession of the right elsewhere or
by others than the people;
it simply makes a positive statement with respect to a right of the people"

2. "The right is not granted by the amendment; its existence is assumed.
The thrust of the sentence is that the right shall be preserved inviolate
for the sake of ensuring a militia." This is what the USSC said in CRUIKSHANK.
The rights of the 1A and 2A are older than the Constitution,
which found them already in being, when created.

3. " The right to keep and bear arms is not said by the amendment to depend on the existence
of a militia. No condition is stated or implied as to the relation of the right to keep and bear arms
and to the necessity of a well-regulated militia as requisite to the security of a free state.
The right to keep and bear arms is deemed unconditional by the entire sentence. "
[Emphasis added by David]

4. " The right is assumed to exist and to be unconditional, as previously stated.
It is invoked here specifically for the sake of the militia."[Emphasis added by David]

In the words of Mr. A.C. Brocki,
Editorial Coordinator for the Office of Instruction of the Los Angeles Unified School District.
Mr. Brocki taught Advanced Placement English for several years at
Van Nuys High School, as well as having been a senior editor for Houghton Mifflin.

When asked whether this sentence could be interpreted
to restrict the right to keep and bear arms to "a well-regulated militia."
He said, "no."
According to Mr. Brocki,
the sentence means that the people are the militia,
and that the people have the right which is mentioned
.

These are 2 professional experts in English grammar,
neither of whom is part of the self defense movement.

What counterevidence do u have to disprove them, Advocate ???

I suspect that u have NONE.
This is 100% compatible with the words of the Founders,
for instance a surviving letter from Thomas Jefferson
to his 12-year-old nephew, advising him always to take his gun with him
when he goes out for a walk and to become proficient with it.
The Founders were libertarian-individualist gun lovers like ME.





David
0 Replies
 
Advocate
 
  1  
Fri 25 Apr, 2008 01:19 pm
Dave, something that you intentionally ignore is that your lexicographers and grammarians would not know that there is no provision in the constitution, or in federal law in general, that includes a reason. Thus, the words "well-regulated militia" are operative relative to the right provided in 2A.
0 Replies
 
OmSigDAVID
 
  0  
Fri 25 Apr, 2008 02:15 pm
Advocate wrote:
Dave, something that you intentionally ignore is that your lexicographers and grammarians
would not know that there is no provision in the constitution,
or in federal law in general, that includes a reason.
Thus, the words "well-regulated militia" are operative relative to the right provided in 2A.

If thay KNEW that and if thay agreed with your philosophy
(if thay feared n hated guns and hated self defense)
thay 'd STILL be required by the integrity of their profession
to apply the same principles of analysis of structural grammar,
reaching the same results.

It wud be the same as an expert
in arithmetic who reached a result that he did not like.

Addressing your point,
I believe that many months ago,
I encountered an article in which a pro-freedom researcher
found reasons having been given in other examples.
I 'm not sure whether I can find them again.
I believe that it involved contemporary state constitutions.
I 'll give it a shot. In any case, whether I find it or not,
the Founders were free to write it that way ONCE, if such be their choice.
Applying that style ONCE does not void the substance of what thay did,
until thay do it several more times and thay knew that.
Is that a rule of statutory construction, Advocate ??
I don 't think it IS.




DAVID

P.S.:
I notice, Advocate,
that u did not deny that the Authors of the Constitution
were a bunch of FREEDOM LOVING GUN LOVERS, LIKE ME !!!!!
0 Replies
 
Advocate
 
  1  
Fri 25 Apr, 2008 03:21 pm
The framers took it for granted that individuals had a right to bear arms. Thus, they did not address this issue, which left open the door for gun control provisions.
0 Replies
 
oralloy
 
  0  
Sat 26 Apr, 2008 02:31 am
OmSigDAVID wrote:
oralloy wrote:
Advocate wrote:
Oral, ah, you agree that the right to bear arms is in connection with one's membership in a militia.


One of the rights to bear arms is related to the militia.

It is within reason for the government to insist that this right be exercised in conjunction
with membership in an organized militia IF the government
has organized such a militia for people to join.

If the government does not have an organized militia for people to join,
it is not reasonable for them to insist on membership in an organized
militia before people exercise their rights to have militia weapons.


Another of the rights to bear arms is related to self-defense.
That right is not related to the militia.

With all respect,
I must dissent from these points of vu.
I do not believe that thay accurately reflect history,
nor what 2A says, nor what 2A was intended to convey.

The structure of the Constitution is to organize the distribution
of political power and rights in limitation of that power.

The Constitution IS whatever it is,
regardless of anything being "reasonable" or not; what is "reasonable"
is what is hopelessly subjective and UNDEFINABLE.

From reading their writings,
and from our knowledge of freedom loving political philosophers
for whom thay expressed hi esteem and adulation,
and from objective facts of the time (e.g., the American Revolution)
we know EXACTLY what the Authors of the Constitution had in mind,
and the denial thereof is a defense by the liberal hypocrisy
of modern semi-marxist collectivist-authoritarians.
(That observation is NOT directed to U, Oralloy.)

The Supreme Law of the Land says what it means and it means what it says.

It does not say that government is obligated to create a private militia,
nor a militia of any kind,
tho it is empowered to create a government militia in Article I Section 8.


Actually it does. The first half of the Second Amendment is a mandate that the government set up such a militia.



OmSigDAVID wrote:
In the parlance of those times, and the centuries that led up to them,
a "well regulated" militia was a private militia of the guys in the neighborhood,
who were sufficiently well disciplined as not to shoot up the town
on a Saturday nite, and were sufficiently trained in combat skills
and were sufficiently well disciplined to hold the line,
and bravely keep fighting while in battle, not to turn and flee the scene.


I've seen good evidence that they meant "well-regulated" to mean fighting skill, but I've never seen any evidence that they meant it to specify private militias.

All the anti-Federalist concerns that led to the Second Amendment seemed focused on government-organized militias.
0 Replies
 
oralloy
 
  0  
Sat 26 Apr, 2008 02:33 am
Advocate wrote:
Dave, something that you intentionally ignore is that your lexicographers and grammarians would not know that there is no provision in the constitution, or in federal law in general, that includes a reason. Thus, the words "well-regulated militia" are operative relative to the right provided in 2A.


They are operative with regard to the requirements of the first half of the Second Amendment.
0 Replies
 
oralloy
 
  0  
Sat 26 Apr, 2008 02:34 am
Advocate wrote:
The framers took it for granted that individuals had a right to bear arms. Thus, they did not address this issue, which left open the door for gun control provisions.


They did address the issue, in the Second Amendment.

And those issues they didn't address are covered by the Ninth and Tenth Amendments.
0 Replies
 
OmSigDAVID
 
  0  
Sat 26 Apr, 2008 07:48 am
oralloy wrote:
Advocate wrote:
Dave, something that you intentionally ignore is that your lexicographers and grammarians would not know that there is no provision in the constitution, or in federal law in general, that includes a reason. Thus, the words "well-regulated militia" are operative relative to the right provided in 2A.


They are operative with regard to the requirements of the first half of the Second Amendment.

During the centuries leading up to the end of the 1700s,
there were 2 kinds of militia,
DISTINCT from one another, and potentially able to enter military conflict
with one another:
1 ) "Well regulated" militia were private, like the Fairfax County Militia
organization formed by George Mason and George Washington WITHOUT
the blessing of the King of England, against whose militia
these militia went into conflict; there already EXISTED a Colonial Virginia Militia,
which were "SELECTED" militia.
Other examples of well regulated militia, private militia,
were the Free French in WWII, or the merchants' militia in the L.A. riots,
after the police ran away, or the many religious militia in Afganistan,
or the militia of those 2 little cigar smoking boys with automatic rifles
(AK 47s) in Malasia in the 1990s, fighting the Thais.
Militia are the people themselves, acting in concert, in the absence of any government.
Altho thay did not vote to do it,
in practical effect, the heroic resisting passengers of United Airlines Flite 93
organized themselves into a private militia armed with a snack cart
(inasmuch as gun control successfully prevailed,
leaving the victims unarmed, and permitting the hi jacking to happen).

2 ) Selected Militia, such as the government sponsored and controlled fellows
of Article I Section 8 of the US Constitution.




David
0 Replies
 
OmSigDAVID
 
  0  
Sat 26 Apr, 2008 08:19 am
oralloy wrote:
OmSigDAVID wrote:
oralloy wrote:
Advocate wrote:
Oral, ah, you agree that the right to bear arms is in connection with one's membership in a militia.


One of the rights to bear arms is related to the militia.

It is within reason for the government to insist that this right be exercised in conjunction
with membership in an organized militia IF the government
has organized such a militia for people to join.

If the government does not have an organized militia for people to join,
it is not reasonable for them to insist on membership in an organized
militia before people exercise their rights to have militia weapons.


Another of the rights to bear arms is related to self-defense.
That right is not related to the militia.

With all respect,
I must dissent from these points of vu.
I do not believe that thay accurately reflect history,
nor what 2A says, nor what 2A was intended to convey.

The structure of the Constitution is to organize the distribution
of political power and rights in limitation of that power.

The Constitution IS whatever it is,
regardless of anything being "reasonable" or not; what is "reasonable"
is what is hopelessly subjective and UNDEFINABLE.

From reading their writings,
and from our knowledge of freedom loving political philosophers
for whom thay expressed hi esteem and adulation,
and from objective facts of the time (e.g., the American Revolution)
we know EXACTLY what the Authors of the Constitution had in mind,
and the denial thereof is a defense by the liberal hypocrisy
of modern semi-marxist collectivist-authoritarians.
(That observation is NOT directed to U, Oralloy.)

The Supreme Law of the Land says what it means and it means what it says.

It does not say that government is obligated to create a private militia,
nor a militia of any kind,
tho it is empowered to create a government militia in Article I Section 8.


Quote:
Actually it does.
The first half of the Second Amendment is a mandate
that the government set up such a militia.

That 'd be a CONTRADICTION IN TERMS of which James Madison wud not be guilty.
He was not ignorant.
He wud not say that government shud organize a private non-governmental militia,
like a private, volunteer fire dept, or a private, volunteer library.
If he fell into that error, his fellow Revolutionaries wud have corrected him.

IF government sets them up,
then the militia are NOT well regulated.
IF government sets them up,
then thay are SELECTED militia, such as the fellows in Article I Section 8.

Those 2 forms of militia are the OPPOSITES of one another,
and the Authors were very well informed of this.

Please take notice
that government entities are NEVER referred to as being "well regulated"
as a well regulated Treasury Dept, or a well regulated State Dept.

Thay meant guys who 'd restrain themselves from shooting up the town
after a party in the tavern on Saturday nite, and who had learned
combat skills and enuf discipline as to continue fighting bravely
and to hold the line in battle (bearing in mind that an army loses the battle
and suffers its worst casualties, when it TURNS ITS BACK & RUNS).




The concept of the word "militia" stands in CONTRAST
to the government's army. "Militia" means the people themselves,
like the Free French,
not the damned government.

Indeed, different MILITIA may have very, very different ideas of right n rong
and of how best to proceed than does GOVERNMENT,
except for SELECTED militia, who are only puppets for government.

As the grammarian said, the militia are the people themselves.


David
0 Replies
 
OmSigDAVID
 
  0  
Sat 26 Apr, 2008 08:48 am
Advocate wrote:
The framers took it for granted that individuals had a right to bear arms.

This is very true,
and duly observed by the USSC in CRUIKSHANK,
in that this right, together with the rights of free speech and free assembly
are OLDER than the Constitution,
which found them already in being, when it was created.



Quote:
Thus, they did not address this issue, [ ?? ]
which left open the door for gun control provisions.

Ad, u seem to have forgotten that 2A says:
"... the right of the people to keep and bear arms SHALL NOT BE INFRINGED."
That DISPROVES your allegation
that thay "did not address this issue".

For goodness' sake, Advocate, and for FREEDOM 's sake,
one of the reasons that the Revolutionary Founders ENACTED
2A was to enable the citizens to OVERTHROW
government; this cannot be accomplished if thay obey gun control laws
enacted by the government thay thay are OVERTHROWING.


The Founders looked upon government
as being like a hireling real estate property manager
hired by the property OWNERS, meaning the citizens who CREATED government.
In the vu of the Fouders, that hireling shud be subject to being removed and FIRED,
if such be the choice of its creators, the citizens.




David
0 Replies
 
 

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