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The 2nd Amendment

Is the 2nd Amendment still relevant?

  • Yes

    Votes: 24 49.0%
  • No

    Votes: 12 24.5%
  • other

    Votes: 13 26.5%

  • Total voters
    49

Revoltingest

Pragmatic Libertarian
Premium Member
No, I think you're not serious because you persist in denying/distorting the context and intent of the amendment. It's a disingenuous argument maintained solely because it is less consequential than the alternatives.
Consider how this appears to me: I've been serious & honest, but you presume to know that I've been otherwise.
For you to say so, bespeaks not just disrespect, but also blind hubris unworthy of that Shield Of Knowledge you
flaunt next to your avatar. We have rules about addressing the issues instead of insulting the other guy.
Let's observe them. Disagreement needn't be unfriendly.
 

Jayhawker Soule

-- untitled --
Premium Member
Consider how this appears to me: I've been serious & honest, but you presume to know that I've been otherwise.
For you to say so, bespeaks not just disrespect, but also blind hubris unworthy of that Shield Of Knowledge you
flaunt next to your avatar. We have rules about addressing the issues instead of insulting the other guy.
Let's observe them. Disagreement needn't be unfriendly.

Quite right. I apologize.
 

Revoltingest

Pragmatic Libertarian
Premium Member
Right, so when you say "Whatever the lawmakers intended when writing a law, that is how it should be enforced," all you're really saying is that the law should suit you. And that's fine, I guess I just never heard it called the "originalist approach."
There are several schools of thought regarding the Constitution.
Some are literalists....
Constitutional Topic: Constitutional Interpretation - The U.S. Constitution Online - USConstitution.net'
Some are originalists, which is a position I take....
Originalism - Wikipedia, the free encyclopedia
And some are of the "living document" persuasion, which allows contemporary meanings to be gleaned from it.

Of course, I pick originalism because it suits me. I find it to be the most accurate way to view law in general.
Sometimes this conflicts with my views, but it's still a good general approach.
Literalism risks unintended meaning, while the living document approach is too subject to quick amendment by fiat.

It appears that you take personal offense at my preference.
That happens a lot here. But just carping about my choice is futile & uninteresting.
What is your philosophy on how to interpret the Constitution?
 
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Jayhawker Soule

-- untitled --
Premium Member
There are several schools of thought regarding the Constitution.
Some are literalists....
Some are originalists, which is a position I take....
Ori

From [url=http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution]Wikipedia
:
The historical link between the English Bill of Rights and the Second Amendment, which both codify an existing right and do not create a new one, has been acknowledged by the U.S. Supreme Court.

The English Bill of Rights includes the proviso that arms must be as "allowed by law." This has been the case before and after the passage of the Bill. While it did not override earlier restrictions on the ownership of guns for hunting, it was written to preserve the hunting rights of the landed aristocracy and is subject to the parliamentary right to implicitly or explicitly repeal earlier enactments. There is some difference of opinion as to how revolutionary the events of 1688–89 actually were, and several commentators make the point that the provisions of the English Bill of Rights did not represent new laws, but rather stated existing rights. Mark Thompson wrote that, apart from determining the succession, the English Bill of Rights did "little more than set forth certain points of existing laws and simply secured to Englishmen the rights of which they were already posessed [sic]." Before and after the English Bill of Rights, the government could always disarm any individual or class of individuals it considered dangerous to the peace of the realm. In 1765, William Blackstone wrote the Commentaries on the Laws of England describing the right to have arms in England during the 18th century as a natural right of the subject that was "also declared" in the English Bill of Rights.
The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute I W. & M. st.2. c.2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.​
Although there is little doubt that the writers of the Second Amendment were heavily influenced by the English Bill of Rights, it is a matter of interpretation as to whether they were intent on preserving the power to regulate arms to the states over the federal government (as the English Parliament had reserved for itself against the monarch) or whether it was intent on creating a new right akin to the right of others written into the Constitution (as the Supreme Court recently decided). Some in the U.S. have preferred the "rights" argument arguing that the English Bill of Rights had granted a right. The need to have arms for self-defence was not really in question. Peoples all around the world since time immemorial had armed themselves for the protection of themselves and others, and as organized nations began to appear these arrangements had been extended to the protection of the state. Without a regular army and police force (which in England was not established until 1829), it had been the duty of certain men to keep watch and ward at night and to confront and capture suspicious persons. Every subject had an obligation to protect the king's peace and assist in the suppression of riots.
 

Jayhawker Soule

-- untitled --
Premium Member
Let's try this: Do you agree that the intent of the 2nd Amendment was to secure the ability for constitute a well regulated militia in the face of tyranny?
 

Jayhawker Soule

-- untitled --
Premium Member
The later quote by Alexander Hamilton is interesting:
f circumstances should at any time oblige the government to form an army of any magnitude[,] that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. [ibid]
But if the intent is to insure the abiity to constitute a citizens militia which is "little if at all inferior" to the standing army, then would this not include the right to possess any weapon available to such an army?
 

LuisDantas

Aura of atheification
Premium Member
As history shows, taking up arms against our own country is a rare thing indeed. But no matter how unlikely the possibility that it will happen,
it is part of our legal system to be somewhat prepared. Will the day come when we repeal the 2nd Amendment in order to put all our eggs in
one basket?

Hardly, among other reasons because the 2nd Amendment has nothing to do with that. You are misrepresenting both its intent and its letter.

You do have a separation of powers among Executive, Legislative and Judiciary. That, far more than any preparations for armed resistance, ensures that you do not have to put your eggs all in the same basket.


Perhaps, but until that day, the right to bear arms is protected by the Constitution.

Not only until that day, but way after that as well. By a combination of practical reality and the Ninth Amendment, at the very least.

While it is true that the 2nd Amendment is cited as a defense of the right to have firearms, it serves that function very poorly indeed. It doesn't even mention firearms at all. Nor does it even make it very clear that the need for a militia should be taken as a given, at least by my reading. And then there is the matter that its first few words happen to be "A well regulated militia", yet it is supposed to be an argument against regulation of firearms.

Truth be told, the 2nd Amendment is one of those pieces of legislation far more relevant for what people want to see in it than for what is actually in it.

Which is fine. Law is just words, after all; we should only be careful not to lend them too much importance.


And I distrust politicians who would void this right by unconstitutional fiat.

Of course. Then again, it is not clear that disrespecting the Amendment is even at all possible, given how vague and dependent on interpretation it is.


I don't know what will happen. I only address preparing for possibilities, even unlikely ones.

Fine. Still, such a thing as excessive preparation does exist. At a certain point the drawbacks simply weight too much to justify the trouble. And that point comes way before that where civilians feel the need to own combat rifles.


We didn't win in our proxy war against Iran, or our war against Afghanistan.
Even the Iraq war can't be called a "win", since it isn't clear what will happen there.

Your governments after Carter had unrealistic expectations for the most part. But not for lack of firepower. Consider too that they were fighting in foreign territory. And for all that, they still made a point of seeking the battlefield.


Clever use of inflammatory language you have there, fella.

Language is a tool. It should be used to the effect desired, and I would not want you to misread my tone. Although it seems that you did after all, since this is a very straight question with a very technical question, with no room for your reading of inflamatory intent.

Besides, to the best of my understanding that was (and still seems to be) your actual position. Which 25% did I misread?



I'll give you a 75% "yes" answer.
Now, let me ask if I have your position straight....
You believe it is necessary or at least desirable for the average law abiding US citizen to be denied the right to own of military firearms,

Military issue? Sure. Anything beyond a handgun should require specific license and registration. Semi-autos and autos shouldn't be allowed at all except for military, law enforcement and the like. Shotguns and hunting rifles need some justification and, yes, registration as well.


because we can't be trusted with them,

Not by default, correct. You need a license to drive, and you better need a license to own even an ordinary handgun as well. It is only sensible.


but we can trust our government to always be benevolent, & never tyrannical for all of time?

Of course not. But I have a hard time believing that owning personal firearms makes you safer from your own military, particularly if we are talking about heavy weaponry. And I do believe that pursuing such a scenario creates far more problems than it solves, too.


We have the ability to repeal the 2nd Amendment, but we've not chosen to do so.
As I see it, as long as it is law, the intent of the framers shall rule.

Or rather, whatever those assigned to interpret it decide that still applies. I believe those would be your Higher Court Judges. I may be mistaken.


Was the 2nd of greater value then than now? I'd say so.
But is it obsolete in this age? I don't think so.

In all fairness, I must say that it looks quite useless now. It simply lacks any clear meaning in this day and age. Too bad that people project all kinds of expectations into it.


Tsk, tsk...such language!
And to think I was just citing you as an example of civility.

Indignation must be made clear, you know.


I understand your perspective, ie, seeking security by putting all faith in government, & not trusting your fellow citizens to
defend themselves. To me, that is lunacy.

To me too. I don't trust any government nearly half that much. But it hardly follows that I find a civil militia a good idea, much less one packing combat rifles.


But does it serve civil discourse to call each other lunatics? Nah...let's not do that.

I would rather not run the risk of making lunacy appear acceptable, you know. I'm stubborn that way, or maybe I have accepted that calling things by their proper names is conductive to proper understanding. Far too often people fall prey to false equivalency and lose their personal freedoms for that.


As I pointed out already, original intent is a foundation of the law. But we are not slaves to a law,
since we may change it any time we choose. But we've so far chosen to leave the 2nd intact.

And it makes very little difference, since it is all but meaningless now. If only we were not wasting time debating what it would mean if it meant anything...


It beats living in Brazil, where legal gun laws are more restrictive, but gun violence is even worse than here. OK, OK...that was a cheap shot.

Nah, I don't mind it at all. I can hardly complain given how often and how fiercely I talk about my own opinions.

Besides, I happen to agree with you. But I don't think that Brazil would be better off with more weapons, rest assured. We have way too many guns already.

For what it is worth, we have nothing comparable to the veneration to the Founding Fathers either. Unless you consider the worship of a demagogue named Getulio Vargas, a fascist wannabe from the 30s and 40s. Oh, and there is the odd Marxist as well. Our politicians stink, but then again our voters are hardly wise.


But freedom is a subjective thing. While you lean more towards gov't provided security,

Make that "less towards interpreting firearms as a form of security" and you will get it quite right.

I prefer a less intrusive gov't & more individual
responsibility for defense.

You know, that I agree with. Although individual responsibility to me means mostly avoiding firearms.


I don't say you're wrong, only that I favor a less statist approach.

Call be whatever you want, I probably deserve it anyway. But don't mistake me for a statist. I'm hardly that.
 

Revoltingest

Pragmatic Libertarian
Premium Member
Hardly, among other reasons because the 2nd Amendment has nothing to do with that. You are misrepresenting both its intent and its letter.
Oh, really? Your scholarship on US Constitutional law is so stellar that
you may proclaim with confidence that I'm "misrepresenting" it?

I've a question for you now. Why would I want to respond to the
rest of your lengthy post if this is the kind of reaction I should expect?
 

LuisDantas

Aura of atheification
Premium Member
Oh, really? Your scholarship on US Constitutional law is so stellar that
you may proclaim with confidence that I'm "misrepresenting" it?

Hmm, actually, no, not by a long shot.

I just have acess to the text of the Amendment (it is rather short, after all) and apply a little of common sense in analyzing it.

As a rule, I hardly ever bother worrying with what is understood by authorities of law.

Law is only applied politics, after all, and therefore way too arbitrary to take very seriously from an academic standpoint.


I've a question for you now. Why would I want to respond to the
rest of your lengthy post if this is the kind of reaction I should expect?

Beats me. I don't think I would in your place. I don't claim to understand why you want to debate this matter at all.
 

Revoltingest

Pragmatic Libertarian
Premium Member
Beats me. I don't think I would in your place. I don't claim to understand why you want to debate this matter at all.
I don't want to debate it at all.
I look for interesting discussion.
If it's not to be had, I'll steer clear.

For reference....
Mission Statement
As a community of diverse cultural and religious backgrounds, our aim is to provide a
civil environment, informative, respectful and welcoming where people of diverse beliefs
can discuss, compare and debate religion while engaging in fellowship with one another.
 
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LuisDantas

Aura of atheification
Premium Member
I don't want to debate it at all.
I look for interesting discussion.
If it's not to be had, I'll steer clear.

For reference....

See, that is the thing. There is such a thing as too much passivity.

Ironically, you agree with me enough about that to use it as a reason to bear firearms...
 

Revoltingest

Pragmatic Libertarian
Premium Member
Sounds to me like you complain whenever someone disagrees with you regardless of how they disagree with you.
Disagreement is fine, but Luis lost sight of RF's mission when he made it about me instead of the issue.
If one is so desperate or angry that one must wage an imagined argument by insult & ad hom, then I'll criticize this faux pas.

There are 2 types of people:
#1 - Those who anger at disagreement.
#2 - Those who may civilly disagree, & even befriend those of different beliefs.
I prefer to converse with the 1st group.
Would you like to join or be a #2?

See, that is the thing. There is such a thing as too much passivity.
To be civil is "too much passivity", eh?
Perhaps you & Bicker should continue this discussion together.
 
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Jayhawker Soule

-- untitled --
Premium Member
As history shows, taking up arms against our own country is a rare thing indeed. But no matter how unlikely the possibility that it will happen, it is part of our legal system to be somewhat prepared. Will the day come when we repeal the 2nd Amendment in order to put all our eggs in one basket?!
Hardly, among other reasons because the 2nd Amendment has nothing to do with that. You are misrepresenting both its intent and its letter.
I think you're wrong. The Wikipedia article on the 2nd Amendment is rather interesting. Take a look at it and let me know if you'd like to reconsider.
 

Jayhawker Soule

-- untitled --
Premium Member
Note 34:
Col. Charles J. Dunlap, Jr. (1995). "Revolt of the Masses: Armed Civilians and the Insurrectionary Theory of the Second Amendment". 62 TENN. L. REV. 643. Retrieved December 18, 2012. "The concept postulates that the Second Amendment was intended to provide the means by which the people, as a last resort, could rise in armed revolt against tyrannical authorities." [ibid]
 
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