Second Amendment and Rules of Construction

Discussion in 'Politics' started by Jick Magger, Oct 5, 2008.

  1. Jick Magger Registered Senior Member

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    38
    Preparations for war are generally made in time of peace; and a standing force may...become unavoidable.

    --John Dayton
     
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  3. Buffalo Roam Registered Senior Member

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    Believe it or not the Government can't discourage those schools.

    Show me were in the Constitution that is say the separation of Church and State?
     
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  5. Buffalo Roam Registered Senior Member

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    And what does this have to do with the definition of the Second amendment, that it is the People who retain the Right to Keep and Bear Arms?

    Yes, the Government may have to call out the Militia, in preparation for war, but the militia is still the People, and only the People have the right to bear arms.

    From Thomas Jefferson:

    The federal government must not violate the rights of individuals. The Bill of Rights is a central theme.

    ^ Robert Allen Rutland; The Birth of the Bill of Rights, 1776-1791 University of North Carolina Press, (1955)

    The federal government must not violate the rights of the states. The Kentucky and Virginia Resolutions of 1798 (written secretly by Jefferson and Madison) proclaim these principles.[7]

    ^ Banning (1978) pp 264-66

    A standing army and navy are dangerous to liberty and should be avoided; much better was to use economic coercion such as the embargo.

    Banning (1978) pp 292-3

    The United States Constitution was written in order to ensure the freedom of the people. A strict view of how the constitution was written is kept.
     
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  7. Buffalo Roam Registered Senior Member

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    Your quote's 138..139.140...141, only show's that they saw a need for a standing army, and now were in those quotes do they say that the Right to Bear Arms, is not the Right of the People.

    If the State, or Federal Government issues those arms, at the end of the term of enlistment, those Arms are returned to Government Arsenals, so then how can the People Keep and Bear Arms, it is the Government that Keeps the Arms, and the Government can't bear any of those Arms.

    Now as to your flippancy:

    If you knew anything about Construction, you would answer that question, but You can't answer it Honestly, so you avoid trying to answer it.

    So again I know who the People in the First Amendment are, so give it a try and tell us who you think the People are.

    If you answer according to rules of Construction, you just admitted that the People are Us, the Individual, and the all of the Rights enumerated in the Bill of Rights Belong to the People, and all rights not specifically granted to the Government, any Government belong to the People.

    And the Operative clause is for the People to Have the Right to Keep and Bear Arms:

    The Right of the People, not the State.
     
  8. Jick Magger Registered Senior Member

    Messages:
    38
    The militia wasn't the whole people. It was a select corps of moderate extent that was well trained.

    The attention of the government ought particularly to be directed to the formation of a select corps of moderate extent, upon such principles as will really fit them for service in case of need. By thus circumscribing the plan, it will be possible to have an excellent body of well-trained militia, ready to take the field whenever the defense of the State shall require it.

    --Alexander Hamilton​
     
  9. TW Scott Minister of Technology Registered Senior Member

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    4,149
    Jick, are you a complete idiot, or just partial.

    English common law, whic the US used quite a bit of in it;s inception, stated that the militia is able bodided men of between 15 and 50. So even with your highly improbable and wildly inaccurate interpretation of the 2nd amendment would mean anyone between 15 and 50 could buy, keep and use any sort of weapon they wanted.

    Now, how since we have had rulings and explanations from people far smarter and more educated that your self, we must go wit them. The first part of the amednment is a preamble, and the second is the actual rule of law. the rights of the People, meaning all people living in the borders of the US, to keep and bear arms are not to be infringed.
     
  10. one_raven God is a Chinese Whisper Valued Senior Member

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    13,433
    TW Scott, are you a complete idiot, or just partial.
     
  11. Jick Magger Registered Senior Member

    Messages:
    38
    That wasn't the law in England at the time the Constitution was made.

    Every word in a law should be given some effect.

    What method of legal interpretation did you apply?
     

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