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New Jersey to jail gun toting law breaker, gun rights activist up in arms [W:120]

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1) one can claim that one had to be in the militia for the 2A to vest. this fails on several levels

a) to claim the right vests only after one joins the militia makes no sense because a militia is an emergency device called up in dire circumstances. Anyone who might join any sort of militia would have to be armed and skilled at their use

b) it completely ignores the entire foundation upon which the constitution was premised-natural rights Pretending that they don't exist has no real relevance to what the founders intended or wanted in a government they established

c) not even the most statist of gun banners-FDR etc-claimed that the militia clauses would allow their gun bans. rather they couched it in the commerce clause which of course is dishonest fiction

I am sorry but I do not see any valid point in your argument about the militia. The only group the Constitution singles out for the right to bear arms is people who serve in the militia and then supplies language in Article I to regulate and govern them.

The natural rights argument gets back to the billionaire building a Kingdom of Faerie amusement park. Yes - the park is real - NO - the fairies are still not.
Yes The rights that flow from the Constitution are real - NO - natural rights is not no matter who believed what or how it may have motivated anyone.
 
I am sorry but I do not see any valid point in your argument about the militia. The only group the Constitution singles out for the right to bear arms is people who serve in the militia and then supplies language in Article I to regulate and govern them.

The natural rights argument gets back to the billionaire building a Kingdom of Faerie amusement park. Yes - the park is real - NO - the fairies are still not.
Yes The rights that flow from the Constitution are real - NO - natural rights is not no matter who believed what or how it may have motivated anyone.

so you are saying the right to keep and bear arms does not vest until you actually join an organized militia?

or is it if you are a potential member of the organized militia.

but yet you have absolutely no evidence to support such a myth and it is contrary to common sense and how a militia works
 
1- the Second Amendment is tied directly to the militia and militia service...
The 2A was never tied to militia service to begin with:
DISTRICT OF COLUMBIA ET AL. v. HELLER
Held:
1.
The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.


~snip~


1. Operative Clause.
a.Right of the People.” The first salient feature of the operative clause is that it codifies a “right of the people” The unamended Constitution and the Bill of Rights use the phrase “right of the people” two other times, in the First Amendment’s Assembly-and-Petition Clause and in the Fourth Amendment’s Search-and-Seizure Clause. The Ninth Amendment uses very similar terminology (“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”). All three of these instances unambiguously refer to individual rights, not “collective” rights, or rights that may be exercised only through participation in some corporate body......


....This contrasts markedly with the phrase “the militia” in the prefatory clause. As we will describe below, the “militia” in colonial America consisted of a subset of “the people"”—those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to “keep and bear Arms” in an organized militia therefore fits poorly with the operative clause’s description of the holder of that right as “the people.” We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.
 
The only group the Constitution singles out for the right to bear arms is people who serve in the militia...
That’s not true:

DISTRICT OF COLUMBIA ET AL. v. HELLER
Held:
1.
The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

~snip~

1. Operative Clause.
a.Right of the People.” The first salient feature of the operative clause is that it codifies a “right of the people” The unamended Constitution and the Bill of Rights use the phrase “right of the people” two other times, in the First Amendment’s Assembly-and-Petition Clause and in the Fourth Amendment’s Search-and-Seizure Clause. The Ninth Amendment uses very similar terminology (“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”). All three of these instances unambiguously refer to individual rights, not “collective” rights, or rights that may be exercised only through participation in some corporate body......

....This contrasts markedly with the phrase “the militia” in the prefatory clause. As we will describe below, the “militia” in colonial America consisted of a subset of “the people"”—those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to “keep and bear Arms” in an organized militia therefore fits poorly with the operative clause’s description of the holder of that right as “the people.” We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.
 
so you are saying the right to keep and bear arms does not vest until you actually join an organized militia?

The Constitution protects the right to keep and bear arms for the purpose of the militia as the defense of the nation.

but yet you have absolutely no evidence to support such a myth and it is contrary to common sense and how a militia works

I have repeatedly produced the best and most definitive evidence in existence as proof of the fact: here it is again for you

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.
 
That’s not true:

since the militia is sort of an ad hoc emergency entity, it makes no sense to say the RKBA only applies after you are joined

its a sufficient, not necessary reason
 
That’s not true:

The Heller ruling is irrelevant in stating what the Constitution actually says and what the Founders intended by what it says.

That was already explained to your earlier.

And that is what is being talked about here.
 
The Constitution protects the right to keep and bear arms for the purpose of the militia as the defense of the nation.



I have repeatedly produced the best and most definitive evidence in existence as proof of the fact: here it is again for you


your first sentence is a NON answer-you did not tell us when the right vests

and it makes no sense to say it vests only after the militia has been formed since Militia members have to supply their own arms

your second sentence is a complete fail since it does not say that the right of the militia to keep and bear arms

do you claim that the term "the people" actually means "the militia"

and again your second failure of proof involves the fact that there is nothing in the constitution that actually gives the federal government power to regulate arms

you see, if you claim that EVERYONE is in the militia then the 2A applies to EVERYONE

if you claim that the 2A only applies to those actually in the organized militia, then your reliance on the Militia clause of Sec 8 fails

you are in a no win situation

we on the other hand, who read the 2A and the Constitution as it was written, don't have that conflict or internally contradictory problem. We read the 2A as protecting the natural right of the people an read Sec 8 to only allow congress to have certain powers over those in the organized federal militia-not what private people own or what militia members may have in addition to required arms
 
The Heller ruling is irrelevant in stating what the Constitution actually says and what the Founders intended by what it says.

That was already explained to your earlier.

And that is what is being talked about here.

so we are back to you having to prove that "Shall not be infringed" actually was intended to allow massive infringements which is untenable
 
Oh now there's a gem....

all we have is a claim that an obscure and rarely used definition of "infringed" is controlling-one that runs completely counter to the belief system of the founders and finds absolutely no support whatsoever in the documents from that era.

So on our side we have

1) the belief system of the founders-men who had just thrown off a tyrannical government with mostly privately owned arms

2) Men who believed in natural law, natural rights and the inalienable nature of such rights

3) the complete lack of any obvious or patent delegation to the federal government of any power to regulate privately owned small arms

4) the indisputable establishment of a federal system in which the federal government had limited jurisdiction and mainly confined to international relationships or dealing with disputes between the several states

and state power that was not so restricted and intended to deal with matters affecting private individuals

5) every supreme court case on the matter including the seminal Cruikshank decision that indicated that the Right pre-existed the constitution (and thus was an individual one)

6) the writings and speeches of the founders

on the other side-one of several definitions: a definition that can find no support whatsoever in the documents of the founds
 
Oh now there's a gem....

As usual, you were able to refute nothing of what I stated.

Of course, if you new that 1787 came before the 21st century and Heller - nobody would have to explain it to you. You see, not one single thing the five justices said in Heller had any impact on the intent of the Founders. Time is like that where things that happened over 200 years later do not effect things that happened before.
 
so we are back to you having to prove that "Shall not be infringed" actually was intended to allow massive infringements which is untenable

already went through all that

1- the Second Amendment is tied directly to the militia and militia service and the over 200 year old decision in which Chief Justice John Jay ascribes importance to the first half of the amendment cannot be ignored nor can it be minimized nor can it be dismissed.

2- I have provided a scholarly article detailing in quite voluminous fashion the gun regulations in the states and colonies - many of which were the product of some of the very Founders that you claim would never have done so - this clearly shows that your view of the right and the Founders view of the right are not the same

3- I further researched the idea of natural rights and still cannot find one person in the entire history of the world who can prove that they are anything but a figment of some persons imagination - as you yourself admitted to on several occasions.

4- Further, I can find no evidence that the Founders who wrote the Constitution wanted anything of a complete hands off position as you maintain since the Amendment deals with militia service and they provided two clauses in Article I, Section 8 to empower Congress to deal with the very people they were singling out for protection to keep and bear arms. In addition they provided broad powers for the Congress to deal with weapons as objects under other areas of the Article.

5- In conclusion, when you take all this together, there is no support at all for you view and tons of support for mine that the Founders did indeed intend the federal government to regulate the Second Amendment rights.
 
already went through all that

1- the Second Amendment is tied directly to the militia and militia service and the over 200 year old decision in which Chief Justice John Jay ascribes importance to the first half of the amendment cannot be ignored nor can it be minimized nor can it be dismissed.

2- I have provided a scholarly article detailing in quite voluminous fashion the gun regulations in the states and colonies - many of which were the product of some of the very Founders that you claim would never have done so - this clearly shows that your view of the right and the Founders view of the right are not the same

3- I further researched the idea of natural rights and still cannot find one person in the entire history of the world who can prove that they are anything but a figment of some persons imagination - as you yourself admitted to on several occasions.

4- Further, I can find no evidence that the Founders who wrote the Constitution wanted anything of a complete hands off position as you maintain since the Amendment deals with militia service and they provided two clauses in Article I, Section 8 to empower Congress to deal with the very people they were singling out for protection to keep and bear arms. In addition they provided broad powers for the Congress to deal with weapons as objects under other areas of the Article.

5- In conclusion, when you take all this together, there is no support at all for you view and tons of support for mine that the Founders did indeed intend the federal government to regulate the Second Amendment rights.

a) even if you buy the militia argument it does not support any ability of the federal government to dictate what private citizens can keep and bear i terms of arms

b) gun regulations by NON FEDERAL ENTITIES in terms of time and place usage restrictions are proper within the tenth amendment. You again confuse federal power which is only valid when specifically delegated to it with much more expansive state power

c) complaining about the existence of natural rights is in no way relevant to my argument. all that matters is that the founders BELIEVED In them. DO you also DENY that

d) your militia clause argument is not relevant to what private citizens could own or possess.

nothing in the constitution supports your claim
 
a) even if you buy the militia argument it does not support any ability of the federal government to dictate what private citizens can keep and bear i terms of arms

You wanted to know about Founders intent and what that clearly shows is that the group of Americans who are singled out for the right to keep and bear arms are the militia and the Constitution specifically gives the Congress the power in clauses 15 and 16 over it.

So there is no doubt at all that the Founders wanted regulation.



b) gun regulations by NON FEDERAL ENTITIES in terms of time and place usage restrictions are proper within the tenth amendment. You again confuse federal power which is only valid when specifically delegated to it with much more expansive state power

Congress is a federal entity. They are given very specific powers to regulate much - including arms.

c) complaining about the existence of natural rights is in no way relevant to my argument. all that matters is that the founders BELIEVED In them. DO you also DENY that

I agree that natural right have nothing to do with your argument. So you should drop it.

d) your militia clause argument is not relevant to what private citizens could own or possess.

nothing in the constitution supports your claims

We have been trough this countless times in countless threads. See Article I Section 8 just like I cited many many many times before.
 
You wanted to know about Founders intent and what that clearly shows is that the group of Americans who are singled out for the right to keep and bear arms are the militia and the Constitution specifically gives the Congress the power in clauses 15 and 16 over it.

So there is no doubt at all that the Founders wanted regulation.





Congress is a federal entity. They are given very specific powers to regulate much - including arms.



I agree that natural right have nothing to do with your argument. So you should drop it.



We have been trough this countless times in countless threads. See Article I Section 8 just like I cited many many many times before.

other than your claim and your jumping between state and federal power, there is absolutely no evidence that the founders supported federal encroachments on the natural right of free people to be armed

natural rights destroy your argument because

PEOPLE WHO BELIEVE IN THEM wouldn't engage in an abrogated recognition of them

I agree you cite Section 8 all the time and you have yet to prove anything with that
 
other than your claim and your jumping between state and federal power, there is absolutely no evidence that the founders supported federal encroachments on the natural right of free people to be armed

yes there is and I have provided you with that evidence in the Constitution itself.



natural rights destroy your argument because .....

they are imaginary and they could destroy both Superman and Wonder Woman since imagination has no limits or boundaries.

PEOPLE WHO BELIEVE IN THEM wouldn't engage in an abrogated recognition of them

but they did - so your argument and assumption loses.
 
yes there is and I have provided you with that evidence in the Constitution itself.





they are imaginary and they could destroy both Superman and Wonder Woman since imagination has no limits or boundaries.



but they did - so your argument and assumption loses.

no you haven't. you cannot find any language in the constitution that delegates power to the federal government to restrict what sort of arms private citizens can own

FDR had to use the commerce clause nonsense because he couldn't find it either
 
no you haven't. you cannot find any language in the constitution that delegates power to the federal government to restrict what sort of arms private citizens can own

FDR had to use the commerce clause nonsense because he couldn't find it either

guess what Turtle - the commerce clause is part of the Constitution. So again - your assumption and argument built upon it loses.
 
guess what Turtle - the commerce clause is part of the Constitution. So again - your assumption and argument built upon it loses.

guess what-the commerce clause was not intended to be a way for congress to avoid the 10th amendment either. do you honestly claim the founders intended the CC to allow federal gun control?

or prevent a farmer from growing wheat on his own property?
 
You realize that would include Scalia and Thomas.. right? They themselves cede that there were in fact limitations, no matter how minute, on the manner and location in which a weapon could be brandished, even at the time of radification [sic]. Your position is simply out of touch with any credible *gasp* interpretation.

But my position is in line with the actual words written in the Constitution. Scalia's, Thomas', and your positions are not.
 
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guess what-the commerce clause was not intended to be a way for congress to avoid the 10th amendment either. do you honestly claim the founders intended the CC to allow federal gun control?

No evidence has been presented by you to support such a claim of fact. And each and every time you come right back to the pretended ace up your sleeve - your claim that the Founders INTENT was not to do what they clearly did do.

You keep asking for Constitutional language which shows the federal government can regulate firearms and I have repeatedly given it to you.
Then your reply is that the Constitutional language was not intended to do that since you do not believe in such things.
This puts you in the position similar to a dog chasing its tail going round and round but actually going nowhere.

No matter what I present in language from the Constitution, the reply will be the same. That is NOT an intellectual argument. It is an all purpose defense mechanism employed to deny constitutional and historical reality.

So once these defense mechanisms and tactics are exposed for what they are, lets look at what we have remaining:

1- the Second Amendment is tied directly to the militia and militia service and the over 200 year old decision in which Chief Justice John Jay ascribes importance to the first half of the amendment cannot be ignored nor can it be minimized nor can it be dismissed.

2- I have provided a scholarly article detailing in quite voluminous fashion the gun regulations in the states and colonies - many of which were the product of some of the very Founders that you claim would never have done so - this clearly shows that your view of the right and the Founders view of the right are not the same. You can keep claiming that these men would not have done this because they believed otherwise, but the fact is that they did enact such legislation that is there just the same. Thus, you claim that they would not do this falls and has no validity.

3- I further researched the idea of natural rights and still cannot find one person in the entire history of the world who can prove that they are anything but a figment of some persons imagination - as you yourself admitted to on several occasions. The Second Amendment itself bestows the right - not some imaginary beliefs regardless if they helped motivate people to write the amendment which bestowed the right.

4- Further, I can find no evidence that the Founders who wrote the Constitution wanted anything of a complete hands off position as you maintain since the Amendment deals with militia service and they provided two clauses in Article I, Section 8 to empower Congress to deal with the very people they were singling out for protection to keep and bear arms. And you have supplied no such evidence. In addition they provided broad powers for the Congress to deal with weapons as objects under other areas of the Article. And you have supplied no such evidence other than your claimed ability to know what the Founders "believed" and then to pretend to speak for people dead for two centuries now.

5- In conclusion, when you take all this together, there is no support at all for you view and tons of support for mine that the Founders did indeed intend the federal government to regulate the Second Amendment rights.
 
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3- I further researched the idea of natural rights and still cannot find one person in the entire history of the world who can prove that they are anything but a figment of some persons imagination - as you yourself admitted to on several occasions. The Second Amendment itself bestows the right - not some imaginary beliefs regardless if they helped motivate people to write the amendment which bestowed the right.

I find it very telling that those who wish to violate the rights of other go to such extreme lengths that they call rights a figment of the imagination.

Yes, right and wrong are concepts. They don't exist outside of the minds of people. That is not to say, however, that they aren't important, or that you can go around doing wrong to others because "nobody can prove the existence of wrong."
 
I find it very telling that those who wish to violate the rights of other go to such extreme lengths that they call rights a figment of the imagination.

Yes, right and wrong are concepts. They don't exist outside of the minds of people. That is not to say, however, that they aren't important, or that you can go around doing wrong to others because "nobody can prove the existence of wrong."

Natural rights are figments of someones imagination regardless if you like that characterization or not.
 
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