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RE: 2nd amendment discussion. - 10/20/2011 11:29:09 PM   
Real0ne


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quote:

ORIGINAL: FatDomDaddy

FR...

Why is this so hard to understand...

The United States of American decided that their citizenry would be allowed to arm themselves but the Government reserved the right to regulate?

It seems simple enough.


because you are totally full of shit and you have your law 100% ass backwards.

The gubafia has no rights only "authorization" by the people to perform under trust certain and peculiar tasks as set forth in said charters.

Only a man can have rights.


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(in reply to FatDomDaddy)
Profile   Post #: 61
RE: 2nd amendment discussion. - 10/21/2011 12:02:42 AM   
HeatherMcLeather


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quote:

People seem to interpret the intent from the militia clause but it is a clause, specifically a dependent clause followed by another dependent clause witch of course depends on the "the right of the people to keep and bear arms shall not be infringed".
OK, so you don't know what a dependent clause is.
quote:

Here is what some of the founders said about the second amendment.
None of the quotes there in any way challenges what we said, and in fact, they pretty much confirm it. I take it that you just trot that page out in any gun debate and haven't actually read what it.

(in reply to lovmuffin)
Profile   Post #: 62
RE: 2nd amendment discussion. - 10/21/2011 12:04:35 AM   
Hippiekinkster


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http://www.diggers.org/ring_compilation/ring_compilation_400_443.htm

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Profile   Post #: 63
RE: 2nd amendment discussion. - 10/21/2011 7:04:15 AM   
FirstQuaker


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The seconded amendment, like the other nine were afterthoughts, and  the role of the militia and who and what they are are contained in the main body of the US constitution.

These supposed interpretations based on only the second amendment are flawed, especially those that claim the second amendment merely gives the govenemnt the power to arm itself, for the very definition of statehood is a monopoly of military force under a single political authority, and to think that any government ever known in history had to grant itself the moral authority and constitutional right to have weapons is ludicrous, for that is what a government is.

As I noted earlier, the states are the ones actually controlling and regulating the milita when they are not in federal service, and if you look at various "gun control" efforts in the US they invariably are done at the state or local level, and only challenged at the federal level when the state courts finish with them/. DC is the exception but it is a federal district and not a state.

(in reply to Hippiekinkster)
Profile   Post #: 64
RE: 2nd amendment discussion. - 10/21/2011 7:27:38 AM   
lovmuffin


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quote:

ORIGINAL: HeatherMcLeather

quote:

People seem to interpret the intent from the militia clause but it is a clause, specifically a dependent clause followed by another dependent clause witch of course depends on the "the right of the people to keep and bear arms shall not be infringed".
OK, so you don't know what a dependent clause is.







I thought I knew what a dependent clause was. I could be wrong, someone help us out. "A well regulated militia" doesn't tell you much and isn't a complete sentence. "being necessary to the security of a free state" still does not complete a sentence. There is no subject or verb in either clause and they are dependent on the rest of the sentence that completes the wording in the amendment. I'm not even going to try diagramming the whole freakin thing but I believe the subject would be "right" and the verb is "shall".   

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(in reply to HeatherMcLeather)
Profile   Post #: 65
RE: 2nd amendment discussion. - 10/21/2011 7:51:54 AM   
FirstQuaker


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quote:

ORIGINAL: lovmuffin

quote:

ORIGINAL: HeatherMcLeather

quote:

People seem to interpret the intent from the militia clause but it is a clause, specifically a dependent clause followed by another dependent clause witch of course depends on the "the right of the people to keep and bear arms shall not be infringed".
OK, so you don't know what a dependent clause is.







I thought I knew what a dependent clause was. I could be wrong, someone help us out. "A well regulated militia" doesn't tell you much and isn't a complete sentence. "being necessary to the security of a free state" still does not complete a sentence. There is no subject or verb in either clause and they are dependent on the rest of the sentence that completes the wording in the amendment. I'm not even going to try diagramming the whole freakin thing but I believe the subject would be "right" and the verb is "shall".   


It really doesn't matter what some Ontario resident  thinks the law is, or what the second amendment really means either since the US supreme court has decided the matter, for better or worse.- McDonald v. Chicago, 561 U.S. 3025, 130 S.Ct. 3020

quote:

Self-defense is a basic right, recognized by many legal systems from ancient times to the present, and the Heller Court held that individual self-defense is “the central component” of the SecondAmendment right. 554 U. S., at ___, ___. Explaining that “the needfor defense of self, family, and property is most acute” in the home, ibid., the Court found that this right applies to handguns because they are “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,” id., at ___, ___–___. It thus concluded that citizens must be permitted “to use [handguns] for the core lawful purpose of self-defense.” Id., at ___. Heller also clarifies that this right is “deeply rooted in this Nation’s history and tradi-tions,” Glucksberg, supra, at 721. Heller explored the right’s origins in English law and noted the esteem with which the right was re-garded during the colonial era and at the time of the ratification ofthe Bill of Rights. This is powerful evidence that the right was re-garded as fundamental in the sense relevant here. That understand-ing persisted in the years immediately following the Bill of Rights’ratification and is confirmed by the state constitutions of that era,which protected the right to keep and bear arms.


This is certainly extending the 2nd amendment past merely providing for the  arming of the organized militia that are called up in either their state or by the federal government.

And eliminating the second amendment, would still not remove those similar provisions and clauses from the state constitutions, nor would it pull the militia clauses out of the main body of the constitution.

I cannot see such a total rewrite of the federal constitution or those of the 50 states happening, as you certainly could not get enough of the states to even consider such a thing, let alone agree to it.

(in reply to lovmuffin)
Profile   Post #: 66
RE: 2nd amendment discussion. - 10/21/2011 8:05:32 AM   
lovmuffin


Posts: 3759
Joined: 9/28/2007
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quote:

ORIGINAL: HeatherMcLeather


quote:

Here is what some of the founders said about the second amendment.
None of the quotes there in any way challenges what we said, and in fact, they pretty much confirm it. I take it that you just trot that page out in any gun debate and haven't actually read what it.


  Butch wrote "I thought this amendment was written because the government had no way to raise money to support a large standing army. Unless I am mistaken most early wars and skirmishes were fought with state and local militia who were armed with personal weapons.

In order to call on these forces in the future they needed to be sure the arms would be available to the citizenry. Otherwise not to protect the citizens from the government but to protect the union from outside forces....on the cheap" and you agreed.

You may have been partially correct when you wrote " they wanted to make sure that there would be plenty of guns available." but Butch is way off.

   The reason for the 2nd amendment was the founders did not trust governments. They wanted the people to have the means to overthrow it should the government become tyrannical.  I went back to the page I trotted out and I will admit I was in a hurry and it wasn't the link I thought it was and there is a better page somewhere with founding fathers quotes on the 2nd amendment but, it does have enough (pre constitutional ratification) to clearly indicate the right to bear arms is an individual right and was put in place to keep a check on the government. It certainly confirms my interpretation is correct.  If you follow the link at the bottom to the next page there is more (post ratification).

As far as what Butch wrote, that is what I would call a side benefit, the same as like having the means to blow the heads off idiots who would harm our loved ones.


_____________________________

"Give a man a gun and he can rob a bank. Give a man a bank and he can rob the world." Unknown

"Long hair, short hair—what's the difference once the head's blowed off." - Farmer Yassir

(in reply to HeatherMcLeather)
Profile   Post #: 67
RE: 2nd amendment discussion. - 10/21/2011 8:18:56 AM   
lovmuffin


Posts: 3759
Joined: 9/28/2007
Status: offline
quote:

ORIGINAL: FirstQuaker

McDonald v. Chicago, 561 U.S. 3025, 130 S.Ct. 3020

quote:

Self-defense is a basic right, recognized by many legal systems from ancient times to the present, and the Heller Court held that individual self-defense is “the central component” of the SecondAmendment right. 554 U. S., at ___, ___. Explaining that “the needfor defense of self, family, and property is most acute” in the home, ibid., the Court found that this right applies to handguns because they are “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,” id., at ___, ___–___. It thus concluded that citizens must be permitted “to use [handguns] for the core lawful purpose of self-defense.” Id., at ___. Heller also clarifies that this right is “deeply rooted in this Nation’s history and tradi-tions,” Glucksberg, supra, at 721. Heller explored the right’s origins in English law and noted the esteem with which the right was re-garded during the colonial era and at the time of the ratification ofthe Bill of Rights. This is powerful evidence that the right was re-garded as fundamental in the sense relevant here. That understand-ing persisted in the years immediately following the Bill of Rights’ratification and is confirmed by the state constitutions of that era,which protected the right to keep and bear arms.


This is certainly extending the 2nd amendment past merely providing for the  arming of the organized militia that are called up in either their state or by the federal government.

And eliminating the second amendment, would still not remove those similar provisions and clauses from the state constitutions, nor would it pull the militia clauses out of the main body of the constitution.

I cannot see such a total rewrite of the federal constitution or those of the 50 states happening, as you certainly could not get enough of the states to even consider such a thing, let alone agree to it.




Yes, certainly, that too


_____________________________

"Give a man a gun and he can rob a bank. Give a man a bank and he can rob the world." Unknown

"Long hair, short hair—what's the difference once the head's blowed off." - Farmer Yassir

(in reply to FirstQuaker)
Profile   Post #: 68
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