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RE: 2nd Amendment and Strict Constructionists - 10/8/2009 11:07:44 PM   
Kirata


Posts: 15477
Joined: 2/11/2006
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quote:

ORIGINAL: Marc2b

If our rights are subject to the whims of man then....

Where one may not go armed, there it is well to go armed. ~Mauraders of Gor

K.






< Message edited by Kirata -- 10/8/2009 11:23:16 PM >

(in reply to Marc2b)
Profile   Post #: 81
RE: 2nd Amendment and Strict Constructionists - 10/9/2009 12:39:30 AM   
slvemike4u


Posts: 17896
Joined: 1/15/2008
From: United States
Status: offline
quote:

ORIGINAL: GoDolphins

As someone with a history degree who had to study the Constitution a lot, this topic caught my attention.  The fact is the Founding Fathers were almost unanimous in their belief that the people should be allowed to own guns.  There were 2 reasons for this.  Number one, most people back then fed themselves, and for those who lived in rural areas, which was the majority of the population, part of that involved hunting.  The second reason was the bigger reason though.  The British had taken arms from the colonists prior to the Revolution and stored them in silos to prevent the colonists from rebelling (or try to anyway, obviously it didn't work).  In fact, the battles at Concord and Lexington in Massachussetts that ultimately started the Revolution started because British troops went to seize firearms from some farmers in Massachussetts and they were tipped off--you know, Paul Revere and the lanterns and "the British are coming" and all that.  So the Founding Fathers saw a direct correlation between government seizing firearms and tyranny. 

Now, would they have the same views if they saw the kinds of weapons we have today?  It's impossible to tell of course.  That's why I'm a believer that we should have some regulations on owning firearms, but outright banning them, as some cities have done, should probably remain unconstitutional.  I don't really think the average citizen needs a rocket launcher but don't like the idea of the government banning handguns.  If they're going to do that they better assign a bodyguard to protect us all because the police can't be everywhere at once, and I don't really think we want them to, but that's another discussion for another time.

One other thing to note here.  Someone early on the first page mentioned a discussion about whether or not the 2nd amendment refers to the National Guard or not.  The National Guard wasn't formed until the early 1900's (don't know the exact date).  So that is clearly not what the Constitution meant.  The National Guard was formed to try to regulate the militia, which I think would have sent up all kinds of red flags to many of the Founding Fathers, but I can't say that for sure.  The militia, at the very least, was not ever supposed to be government-run though. 
A couple of points here....Concord and Lexington were not engagements brought about by an attempt to disarm "farmers"....in point of fact the British were in search of arms caches...in other words they were trying to disarm rebel arm stashes not "farmers"
Second point here is that I lnow of no city in the United States that has banned guns,,,,,restricted posession within city limits ....yes.Citizens of New York City and Chicago (hell any city You care to name) may own and indeed posess firearms.....as long as said guns are outside city limits...like at the hunting lodge and such.
Small points to be sure ....but it is getting late and I'm tired and just a little nit pickety.

< Message edited by slvemike4u -- 10/9/2009 12:41:47 AM >


_____________________________

If we want things to stay as they are,things will have to change...Tancredi from "the Leopard"

Forget Guns-----Ban the pools

Funny stuff....https://www.youtube.com/watch?v=eNwFf991d-4


(in reply to GoDolphins)
Profile   Post #: 82
RE: 2nd Amendment and Strict Constructionists - 10/11/2009 4:53:36 AM   
allyC


Posts: 778
Joined: 6/2/2004
From: Las Vegas
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Using fast reply.. I read most and skimmed some of the replies so if this was already mentioned, I do apologize. Regardless of spelling, I thought I would clarify something (at least this is what I believe to be true based on how I see the sentence structure and wording and further reinforced by research) "A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed"  The following means that because a well regulated (well regulated, meaning well controlled - which is a sign right there that the intent was to keep said militia in check, controlled, etc.) militia is necessary to the security of (i.e. protection) of a free state that the right of the people to keep and bear arms (so that they are never rendered helpless to the previously mentioned militia) shall not be infringed.  And for the right to "not be infringed"  means the right existed already and that such right (due to the people's need to NEVER be rendered powerless to their government) should never be taken away.  This amendment never grants a right - it simply states that this right (which already existed by the people) cannot be removed or altered by the government. This wording was reviewed an expert by the name of Professor Copperud.  The man is considered an expert by numerous respected intstitutions on American language useage (past and present).  This person determined what I have paraphrased above.  The language, to him, was not unclear in any way and he was absolutely sure of his findings. Having read it many times and pondered it's meaning the same way, I figured I'd offer it here as being somewhat relevent. Well wishes, Cav's ally

(in reply to UncleNasty)
Profile   Post #: 83
RE: 2nd Amendment and Strict Constructionists - 10/11/2009 1:15:46 PM   
blacksword404


Posts: 2068
Joined: 1/4/2008
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quote:

ORIGINAL: OrionTheWolf


If we look at any of the rights given to us via the Constitution, they must all be balanced with public welfare.


Hello Orion

I can agree with this. I only dislike who is doing the deciding on what is in the interest of the public.
The government and media have over time been treating the people like a younger and younger child. As time has passed it has gone from a 17 year old to a 13 year old. Pretty soon they will be popping a bottle in our mouth. As this treatment has gone on, of course the people have needed more and more looking after. We will be babies soon. Not able to do anything for ourselves.

_____________________________

Don't fight him. Embrace your inner asshole.

Tu fellas magnus penum meum...iterum

Genuine catnip/kryptonite.
Ego sum erus.

The capacity to learn is a gift, the ability to learn a skill, the willingness to learn a choice. Dune HH

(in reply to OrionTheWolf)
Profile   Post #: 84
RE: 2nd Amendment and Strict Constructionists - 10/11/2009 7:00:34 PM   
Musicmystery


Posts: 30259
Joined: 3/14/2005
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quote:

The government and media have over time been treating the people like a younger and younger child. As time has passed it has gone from a 17 year old to a 13 year old.


Examples?

(in reply to blacksword404)
Profile   Post #: 85
RE: 2nd Amendment and Strict Constructionists - 10/12/2009 6:29:59 AM   
blacksword404


Posts: 2068
Joined: 1/4/2008
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http://www.massachusettsgasprices.com/news/Americans_Are_Like_Teenage_Kids_When_It_Comes_to_Energy/16806_380716/index.aspx

Perhaps he is an isolated case?

_____________________________

Don't fight him. Embrace your inner asshole.

Tu fellas magnus penum meum...iterum

Genuine catnip/kryptonite.
Ego sum erus.

The capacity to learn is a gift, the ability to learn a skill, the willingness to learn a choice. Dune HH

(in reply to Musicmystery)
Profile   Post #: 86
RE: 2nd Amendment and Strict Constructionists - 10/12/2009 6:49:49 AM   
Thadius


Posts: 5091
Joined: 10/11/2005
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quote:

ORIGINAL: Musicmystery

quote:

The government and media have over time been treating the people like a younger and younger child. As time has passed it has gone from a 17 year old to a 13 year old.


Examples?



Morning Tim,

You don't think that the news has been dumbed down? Or, that the government has not started saying "I don't care what you want to do, I know what is right for you and you will do as you are told." to the populace? Or, the even scarier, "Don't worry honey, big (mommy, daddy) government will take care of your needs and the bills, you just play your video games, mmmmkay."

I know a bit of a biased take on the question, but hell every now and then...

I wish you well,
Thadius

_____________________________

When the character of a man is not clear to you, look at his friends." ~ Japanese Proverb

(in reply to Musicmystery)
Profile   Post #: 87
RE: 2nd Amendment and Strict Constructionists - 10/18/2009 9:48:32 PM   
Moloch


Posts: 1090
Joined: 6/25/2005
Status: offline

quote:

ORIGINAL: allyC

Using fast reply.. I read most and skimmed some of the replies so if this was already mentioned, I do apologize. Regardless of spelling, I thought I would clarify something (at least this is what I believe to be true based on how I see the sentence structure and wording and further reinforced by research) "A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed"  The following means that because a well regulated (well regulated, meaning well controlled - which is a sign right there that the intent was to keep said militia in check, controlled, etc.) militia is necessary to the security of (i.e. protection) of a free state that the right of the people to keep and bear arms (so that they are never rendered helpless to the previously mentioned militia) shall not be infringed.  And for the right to "not be infringed"  means the right existed already and that such right (due to the people's need to NEVER be rendered powerless to their government) should never be taken away.  This amendment never grants a right - it simply states that this right (which already existed by the people) cannot be removed or altered by the government. This wording was reviewed an expert by the name of Professor Copperud.  The man is considered an expert by numerous respected intstitutions on American language useage (past and present).  This person determined what I have paraphrased above.  The language, to him, was not unclear in any way and he was absolutely sure of his findings. Having read it many times and pondered it's meaning the same way, I figured I'd offer it here as being somewhat relevent. Well wishes, Cav's ally



With all due respect the proffesor can stick it where the sun dont shine. It means well equipped and trained. The people who wrote to the bill of rights said so as much in many letters, public speeches and autobiographies.

(in reply to allyC)
Profile   Post #: 88
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