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Sorry but I had to post this.
Edit: Dammit Disney beat me to it.
Edit: Dammit Disney beat me to it.
The participle at the beginning of the sentence presents as justification, not as modification. It does not in any way, shape or form alter the meaning of the independent clause "the right of the people to keep and bear arms shall not be infringed."I love how you leave out the first part of the text of the second amendment "A well regulated militia, being necessary to the security of a free state" and then argue that it is "crystal clear".
While I don't favor gun control, just like much of the Constitution, the 2nd Amendment is subject to interpretation and is certainly not as "crystal clear" as you would claim.
Also, the types of weapons available today could not have been contemplated in any shape/form by the original writers of the Constitution so the types of "arms" they referred to is also subject to interpretation.
The participle at the beginning of the sentence presents as justification, not as modification. It does not in any way, shape or form alter the meaning of the independent clause "the right of the people to keep and bear arms shall not be infringed."
To argue otherwise would be at odds with how an English sentence is constructed.
The right is to the people. The right is that of keeping and bearing arms. The right is not to be infringed at all.
As for the meaning of "arms"--it means weapons, be they swords, or tactical nukes, or anything in between.
Nice interpretation.
I love how you leave out the first part of the text of the second amendment "A well regulated militia, being necessary to the security of a free state" and then argue that it is "crystal clear".
While I don't favor gun control, just like much of the Constitution, the 2nd Amendment is subject to interpretation and is certainly not as "crystal clear" as you would claim.
Also, the types of weapons available today could not have been contemplated in any shape/form by the original writers of the Constitution so the types of "arms" they referred to is also subject to interpretation.
It is crystal clear. If you read the whole 2nd amendment it does not say "The right of a well regulated militia to keep and bear arms necessary for the security of a free state shall not be infringed. So obviously The is the right of a well regulated militia for the security of a free state and a right of the people to keep and bear arms. Both of those rights shall not be infringed. seems redundant to list "people" and "militia" if the 2nd only applied to militias.
Reverend_Hellh0und posted this in another thread about 2nd amendment rights, it pretty much states the obvious about the 2nd amendment.
YouTube - Penn & Teller on the 2nd Amendment
The right of the people to keep and bear arms shall not be infringed seems pretty crystal clear to me.
So buy that logic since they didn't have porn magazines, tv, radio and computers athe government can regulate what you say one those since the founding forefathers couldn't have contemplated those things?
What the 2nd Amendment is is explicit.I'm not saying that I disagree. I am simply saying that just like other parts of the Constitution, it is subject to interpretation and not "crystal clear" as many suggest.
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 Land Pattern Musket (aka, "The Brown Bess") was standard issue in the British Army begin in 1722. By the time of the French and Indian War (1754-1763), the smoothbore musket was being displaced by the more accurate rifle.Again...the weapons of today could not have been anticipated by the authors of the Constitution and is subject to interpretation as well.
What the 2nd Amendment is is explicit.
Read the Bill of Rights and one thing becomes immediately apparent: The 2nd Amendment is the only amendment presented without modification of any kind. The right to keep and bear arms is the only one that receives the categorical protection to the people that it "shall not be infringed."
Can this really be coincidental? Can this be merely a grammatical accident?
Given the eloquence all of our founding fathers had in abundance, that hardly seems likely. Given the history each had in their experience with the British government, it also seems unlikely that any of the founding fathers could have been as feckless or as lacking in anticipation as some would suggest.
The 2nd Amendment stands as the least subtle of all of the Bill of Rights. The right to keep and bear arms is the only right presented in the whole of the Constitution as an absolute and unequivocal right, the language of which gives it a sacrosanct status. Per the 2nd Amendment, the right to keep and bear arms is beyond disputation, is beyond mitigation, is beyond moderation. Per the 2nd Amendment, it is the one right that no government has the power to affect in even the slightest. That is the ineluctable consequence of the categorical phrasing "shall not be infringed."
The Land Pattern Musket (aka, "The Brown Bess") was standard issue in the British Army begin in 1722. By the time of the French and Indian War (1754-1763), the smoothbore musket was being displaced by the more accurate rifle.
Cannon of the American Revolution fired 3 and 4-pound shells. By the War of 1812, cannon were hurling 18 pound shells downrange.
Weapons technology advances in every age, and in every age man learns better how to wage war and demolish his fellow man. Even if the founding fathers could not imagine jet aircraft, tanks, or machine guns, to suggest they did not perceive the steady advance of military technology is to suggest they had a poor acquaintance with the profession of arms--is to suggest that which the biographies of the founding fathers flatly contradicts.
Additionally, the founding fathers were people who had just thrown off the forms and customs of British government, and the history of private ownership of arms in England was a history of control and restriction--different social classes in England were permitted to own different weapons. Is it credible to claim that, in drafting the 2nd Amendment, mindful of the British experience of the keeping of arms, that they would have intended to duplicate that experience by limiting the types of arms available to the general population, that despite rejecting nobility, monarchy, and aristocracy they would perpetuate one of the foundations of nobility, monarchy, and aristocracy--restricted access of the people to weapons?
The founding fathers need not have anticipated the highly efficient weapons we have today to recognize the imperative in a free society of not limiting the power of the individual man to arm himself, and not restricting the people's arms to a level intrinsically less than that of the government. Whatever arms soldiers carry, private citizens must be able to carry--that capacity of the private citizen is the sole guarantor of the free State, which is what the 2nd Amendment says....explicitly.
Gun violence is lower now than it was 15 years ago.I think we are slowly reaching the tipping point in gun violence. Something has to be done. Am I the one to decide? No. I don't want to be.
This applies to the telephone. Does this mean that the 4th amendment doesnt apply?Also, the types of weapons available today could not have been contemplated in any shape/form by the original writers of the Constitution ...
Tell us how any firearm you care to mention isnt covered by the term as it is used in the 2nd.so the types of "arms" they referred to is also subject to interpretation.
I'm not saying that I disagree. I am simply saying that just like other parts of the Constitution, it is subject to interpretation and not "crystal clear" as many suggest.
Again...the weapons of today could not have been anticipated by the authors of the Constitution and is subject to interpretation as well.
It is crystal clear. If you read the whole 2nd amendment it does not say "The right of a well regulated militia to keep and bear arms necessary for the security of a free state shall not be infringed. So obviously The is the right of a well regulated militia for the security of a free state and a right of the people to keep and bear arms. Both of those rights shall not be infringed. seems redundant to list "people" and "militia" if the 2nd only applied to militias.
Reverend_Hellh0und posted this in another thread about 2nd amendment rights, it pretty much states the obvious about the 2nd amendment.
YouTube - Penn & Teller on the 2nd Amendment
EVERY SINGLE TIME the left mentions gun control somebody needs to smash them in the face with a 9-Iron.
The creation of a strong standing army in no way replaces the necessity of a militia. People will -always- need the means to protect themselves, individually and collectively, as the state can NEVER sufficiently protect us from all dangers.Today, however, we do have a standing army, that requirement is no longer present and therefore, the 2nd amendment, in the context in which it was written, has been re-interpreted.
The creation of a strong standing army in no way replaces the necessity of a militia. People will -always- need the means to protect themselves, individually and collectively, as the state can NEVER sufficiently protect us from all dangers.
And, in any event, you're arguing that the purpose of the 2nd is obsolete. Even if that were true, it doesn't negate its force of law.
Unfortunately, that just doesn't fly. You have to read it in the context of the time at which it was written. At that time, there was no standing army, the militia was made up of the people. Each and every able bodied man was expected to keep weapons in the home so that in times of crisis, they could come out and serve their town, state or country's defense. In fact, people of the day owned cannons and other seige-type weapons because the government really didn't own much military hardware at all. That's precisely why the 2nd amendment is written as it is, it was guaranteeing the rights of the people, in the expected duty to protect their nation, to bear arms.
Today, however, we do have a standing army, that requirement is no longer present and therefore, the 2nd amendment, in the context in which it was written, has been re-interpreted. While I have no problem whatsoever with personal firearm ownership, relying on a mis-reading, out of context, passage written 200+ years ago is a bit silly.
Sure it does. It protects the individual right to keep and bear arms, part of which is the use of that right in personal self-defense. It may have been done so that said right can always be exercised collectively, but to ensure that, they protected the right at the individual level.But the amendment was never put in place to guarantee personal protection. I'm not arguing with your point, I agree with it, I'm just saying that using the 2nd amendment to support said point doesn't work.
I don't worry myself with that. There's no way to argue that the term "arms" doesnt cover any and all firearms, which is the extent of my concern on that issue.I'm just arguing against the gun nuts who want to be able to own bazookas and tanks and anti-aircraft weapon and nukes (and yes, there are these nutballs out there) because they think the 2nd amendment gives them that right.
Actually, your argument is what doesn't fly. In fact it fails miserably.Unfortunately, that just doesn't fly. You have to read it in the context of the time at which it was written. At that time, there was no standing army, the militia was made up of the people. Each and every able bodied man was expected to keep weapons in the home so that in times of crisis, they could come out and serve their town, state or country's defense. In fact, people of the day owned cannons and other seige-type weapons because the government really didn't own much military hardware at all. That's precisely why the 2nd amendment is written as it is, it was guaranteeing the rights of the people, in the expected duty to protect their nation, to bear arms.
What is silly is your casual dismissal of the 2nd Amendment.Today, however, we do have a standing army, that requirement is no longer present and therefore, the 2nd amendment, in the context in which it was written, has been re-interpreted. While I have no problem whatsoever with personal firearm ownership, relying on a mis-reading, out of context, passage written 200+ years ago is a bit silly.
Why do we need to right to carry firearms?
Protection
Protection from what?
From the loons and nuts
But isn't that why the loons and nuts exist?No it's something else, like the media or entertainment.
Ok then we need to do something about that!
But what?
Cilogy, that made very little sense. Are you attempting to suggest that loons and nuts exist because guns exist? If not, you need to work on communicating clearly, because that's what it sounded like.
If you're suggesting we FEAR loons and nuts because they might have guns...they might also have swords, machetes, knives, poison gases (see Aum Shin Ryo), or other means of mayhem.
If you wish to consider the anti-gunner's PERFECT WORLD, a world in which there are no guns, there IS a historical example....1066 AD in what is now called England. If you will examine that period, I think you will find it was hardly peaceful.
In other words, even if you could wave a magic wand and make all guns disappear (and making all guns go away is pure fantasy, no matter what laws are passed), it would not even come close to ending violence and lunacy.
G.
:lol: lol, nevermind you misunderstood.
:mrgreen:
Funny... I though it was protection from criminals.Why do we need to right to carry firearms?
Protection
Protection from what?
From the loons and nuts