Quote:The limited gun control in this country limits freedom in a very, very, minor way.
U have a lot of trouble getting the point:
its a question of
SOVEREIGNTY ( in addition to personal defense ).
It is a question of
WHO IS SOVEREIGN:
government or the citizens who created it and nurture it ?
Sovereignty was wrested from the Hanoverian Dynasty
and into the citizens' hands,
de facto in 1781.
The theory was and is
that the citizens have the power to fire their lackey, government,
like a real estate owner firing his property manager.
Judge Thomas Cooley put it this way
in THE GENERAL PRINCIPLES OF CONSTITUTIONAL LAW pp. 281-82
(2nd edition 1891) cited by the USSC in US v. MILLER 3O7 US 174 (1939)
as 1 Cooley, CONST. LIMITATIONS 646 (5th ed.):
"The right declared was meant to be a strong moral check
against the usurpation and
arbitrary power of rulers and as
a necessary and efficient
means of regaining rights when
temporarily overturned by usurpation.
"The right is general- It may be supposed from the
phraseology of this provision that the right to keep and
bear arms was only guaranteed to the militia but this would
be an interpretation NOT warranted by the intent....But the
law may make provision for the enrollment of all who are fit
to perform military duty, or of a small number only, or it may
wholly omit to make any provision at all and if the right were
limited to those enrolled, THE PURPOSE OF THE GUARANTY
MIGHT BE DEFEATED ALTOGETHER BY THE ACTION OR
NEGLECT TO ACT
OF THE GOVERNMENT IT WAS MEANT
TO HOLD IN CHECK. The meaning of provision undoubtedly
is that THE PEOPLE from whom the militia must be
taken 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]
The Founders were successful Revolutionaries,
who were (almost) still breathing hard from overthrowing government.
Thay were keenly aware of the right of revolution.
During exercise of that right, thay wanted the citizens to
WIN.
"THE COMMONWEALTH IS THEIRS WHO HOLD THE ARMS:
THE SWORD AND SOVEREIGNTY
EVER WALK HAND IN HAND TOGETHER"
ARISTOTLE
Quote:
It is really in the nature of regulation,
which we must have in a civilized society.
If there were a contest
between compliance with the social contract
which is the Supreme Law of the Land,
and your idea of having " a civilized society " civilization loses.
Quote:
The problem is that you are the ultimate gun nut.
My vu is a mirror image reflection of the Founders' vu,
as shown forth in Thomas Jefferson 's letter to his 12 year old nephew
wherein he counsels the boy to always take his gun with him
when he goes out for a walk, and to become proficient with it.
In studying the history and jurisprudential development of the right to keep and bear arms,
it should be borne in mind that when the US Constitution and Bill of Rights
were enacted, during the 17OOs, there were NO POLICE anywhere in the USA,
nor had police existed in Colonial America, nor in England.
The concept of a police force first BEGAN during the 18OOs
(both in America and in England). Accordingly, during the 17OOs,
if one were attacked by a violent criminal, a predatory animal,
or madman, it was as imperative as it was paradigmatic that he have the means
to handle the situation himself, and this was the world that the Founding Fathers knew
when they drew the social and political contract that is the US Constitution.
David
