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RE: Well regulated? - 11/14/2008 9:15:27 AM   
Musicmystery


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quote:

let us acknowledge that a tyrannical central government by definition has discarded the law of our country


cl,

This is hardly a granted point--you need to establish it.

If it were so clearly acknowledged, there'd be no debate.

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RE: Well regulated? - 11/14/2008 9:17:26 AM   
Termyn8or


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Well Mus, I think I may have posted this before but here goes.

Believing that I know how to read and what puncuation means, and thinking that due consideration was given this in the authoring of the Bill Of Rights this is my take on it.

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.

Note the placement of the comma. We all know what a comma is, so I take to read thus ;

Since the government is going to have to have guns obviously, if it is to be a free state, the Citizen must also have guns.

I believe they chose their words carefully, as well when they chose the words "alter or abolish it" referring to the People's right to "alter or abolish" the government. Taken together, I think this means the intent was that, yes the government goes after criminals and such, and will need the power of force to do so. But I believe that it also means that Citizens are not to be deprived of their right to the means of violent "redress of their grievances", another bit of words. Out of context perhaps, but the words exist and I think I understand them clearly.

While the right of the government to quell an insurrection is also defined, I think the intent was that if they really pissed too many people off, that the power would be in the hands of the People to totally oust the government.(specifically the ability to win a revolution) I believe it was Jefferson who said that to keep things right we would need a revolution every twenty years or so. It seems we have missed quite a few.

They had given us a Republic, if only we had been able to keep it.

Personally, I think there should have been a revolution when they made it illegal to own gold. I also think they should have not infringed on the southern states rights to secede from the union. And if you think the civil war was about slavery, I don't know what to tell you. The south had very good reason, and some southern states had already abolished slavery. There were other issues and they were mostly concerning how the US government was doing business. How money and issues of taxation were handled and such. They saw it going downhill and wanted no part of it.

I could hunt you down some links, but you can most likely find them yourself just as easily. Search term "tarriff of abominations" would probably be quite fruitful.

I will close the hijack here saying : If they would have let the southern states secede, I think most of them would have rejoined the union by now. There would have been no bloodshed, well not anymore than in normal life. Slavery was getting outlawed on a state by state basis, thus the decision by Roger B. Taney known as the Dread Scott decision. That would make another good search term. Incidentally Taney was the last in a series of Secretarys of the Treasury after about three of his predecessors had been fired because they refused to follow orders. That order was to "invest" US gold in the world bank. Three had refused, Taney complied and was rewarded with a lifetime cushy job as a US judge, thus his ability to render the dreaded Dread Scott decision.

For those who don't feel like looking it up, the Dread Scott decision compelled free states to return escaped slaves to the slave states. Sounds like a nice guy doesn't he ?

Enough on the civil war, the placement of the comma in the Second stands for itself.  If you can really read, that's what that means, BECAUSE . If the Constitution was written to insure our right to alter or ABOLISH the government, their own words, what do you think it means ?

Does that mean it means you have a right to have a nuclear bomb in your basement ? No, not IMO. Thing is, if we stop interpreting one way, stop interpreting another, all others. Weapons that could kill a million people in one shot did not exist, and if we take the letter of the law instead of interpreting it, that means the Second does not allow one the right to have weapons of mass destruction. 

Surely they knew that advances in weaponry would come, they were not stupid. However there were probably gattling guns (sp) which would cover machine guns. That would be about as far as I can take it. I also believe that there are in order some local ordinances, barring the firing of certain weapons or certain types of ammo in populated areas. Even in those days of supposed "freedom" in many towns you checked your gun with the sherriff, to be returned when you leave. If you refuse just ride on through. But they knew that bullets could go through walls and such. If you wanted to go into their bars and hotels etc., you comply. If not you are free to go, but only to go.

It is a very complex issue, but if we stick to the lines rather than reading between the lines things can be simplified. The Second cannot be applied to a few other things, like biological weapons or chemical.

Does the Second confer the right to have the means to fight back if the cops surround your house ? Yes.

To have the means to kill many at once like a nuke or something ? No.

Again, not throwing the baby out with the bathwater the unorganized militia, you've heard of them, claim that in the Constitution there is conferred the right to fight the government by any means necessary. I believe that is a reasonable conclusion. I don't agree with most of their ideas and ideals, but on this point they are right. Shall not be infringed, alter or abolish it, take it all together reading the lines and not between the lines, this is a logical and quite reasonable conclusion.

Sometimes these groups give dissidents a bad name. McVeigh was part of one, one of the more off the wall ones. I wish there was a group that shared my idealogy and we could go out in the woods practicing shooting and stuff. But most of them are too religious and most of them are bigoted against alternative lifestyles. To me that is hypocrisy (sp). They preach rights but claim to have the right to define what those rights are, I just can't go along with that. Otherwise I'd have my cammies, canteen and who know what else.

Enough for now.

T

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RE: Well regulated? - 11/14/2008 9:21:54 AM   
Musicmystery


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Folks, the original question regarded the regulation language.

Why is the statement even there? What role can/should/must the government play in such regulation?

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RE: Well regulated? - 11/14/2008 9:22:08 AM   
celticlord2112


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quote:

You are then claiming that the framers of the Constitution and the Bill of Rights deliberately included the seeds of rebellion to overthrow the U.S. government?


"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

"I hold that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical." -- Thomas Jefferson (in a letter to James Madison on Shay's Rebellion).

I submit the possibility, given such statements by and to the Founding Fathers, is more likely than the presumption that government will always work "as it should".


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RE: Well regulated? - 11/14/2008 9:27:35 AM   
celticlord2112


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quote:

Why is the statement even there? What role can/should/must the government play in such regulation?

Your questions proceed from an erroneous interpretation of "regulation".

"Well regulated", given the context and constructions of the time period, does not mean guided by government pronouncement and fiat, but means equipped and in good order, and ready to respond to a crisis within the community.

Your questions, as they stand, are not germane to the text of the Second Amendment.



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RE: Well regulated? - 11/14/2008 9:34:38 AM   
Musicmystery


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quote:

ORIGINAL: celticlord2112

quote:

Why is the statement even there? What role can/should/must the government play in such regulation?

Your questions proceed from an erroneous interpretation of "regulation".

"Well regulated", given the context and constructions of the time period, does not mean guided by government pronouncement and fiat, but means equipped and in good order, and ready to respond to a crisis within the community.

Your questions, as they stand, are not germane to the text of the Second Amendment.




Nor did I present them as stemming from the government. Yet they are there.

Regulation in that sense applies to a device, not a militia, a group of people. That clearly supposes a governing hierarchy.

As you probably know, I can define the term for pages back into its roots. If you want me to bury the thread in all that, I can.

But again, the phase is there, and so far, we're talking about the Civil War and people's dissatisfaction with current government as "tyrannical."

Now, as much as I respect the founding fathers, they weren't psychic.

....which brings us back to the question.

And again, beyond two quotes advocating liberty---not the same as revolution---we're back to your unsupported claim, beyond supposition, that this country was founded with the seeds of overthrowing it in mind.

< Message edited by Musicmystery -- 11/14/2008 9:37:27 AM >

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RE: Well regulated? - 11/14/2008 9:36:10 AM   
kdsub


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Very simply it is two statements...The first part is for state militias and the second is for individual citizens. It does not mean only militia may own firearms as many gun control advocates like to interpret it.

Butch

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RE: Well regulated? - 11/14/2008 9:40:28 AM   
SimplyMichael


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Well regulated means well trained and equiped.

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RE: Well regulated? - 11/14/2008 9:45:30 AM   
Dnomyar


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Was'nt the issue of gun owner rights just settled in the city of Wasington. Which makes this post moot.

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RE: Well regulated? - 11/14/2008 9:47:39 AM   
celticlord2112


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quote:

This is hardly a granted point--you need to establish it.

Fair enough.  For simplicity, I confine this to American government relative to the Constitution.  I do not want to muddy the waters deliberating over whether other duly formed governments elsewhere in the world are or are not tyrannical.

The Preamble of the Constitution makes clear that the political power within the United States arises from We the People.  The Bill of Rights extends that premise by articulating several rights that are absolutely guaranteed to the people (free speech, freedom of religion, freedom of assembly, as well as keep and bearing arms), but also establishes that any right not enumerated within the Constitution or the Bill of Rights is reserved to the states or the people.

The Constitution was ratified by the several states, and it's subsequent amendments have been similarly ratified.  On this basis, we can reasonably define government in faithful accordance to the Constitution to be fair and just.  More to the point, American society has, by such votes, defined such government as fair and just.

Tyrannical government is, by definition, not fair and certainly not just. (Tyranny means "oppressive power", and so a tyrannical government, being oppressive, cannot be either just or fair).  In particular, a government which disregards the rights and guarantees of rights enshrined in the Constitution is decidedly oppressive.

Thus, tyrannical government, within the boundaries of the United States, is not government in faithful accordance to the Constitution.  Of necessity, tyrannical government is government that has, in whole or in part, put aside the Constitution, put aside the Bill of Rights, and has thus divorced itself from the Constitution, and has discarded the supreme law of the United States.


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RE: Well regulated? - 11/14/2008 9:51:49 AM   
celticlord2112


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quote:

And again, beyond two quotes advocating liberty---not the same as revolution---we're back to your unsupported claim, beyond supposition, that this country was founded with the seeds of overthrowing it in mind.

I prefer to say that the door to revolution was left open, either as warning or as a sublime acknowledgment of the imperfections of man in regards to government. 

Revolution remains possible.  Whether it becomes necessary is entirely on us.


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RE: Well regulated? - 11/14/2008 10:29:07 AM   
jlf1961


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Actually, well regulated had more to it than well trained.

The state militia was responsible for more than just protecting the towns from outlaws, indians, or invaders.  If necessary the militia could and was used to put a stop to various instances of vigilante justice, such as the Lincoln and Johnson county wars of the 1800's and misused in some cases to break strikes in Colorado and New Mexico, in every case, the militia was called up by the governor.

I would also point out that during the Civil War, the Colorado Militia was called up to deal with 'hostile' Cheyenne Indians encamped along Sand Creek.  The camp of Chief Black Kettle had the US flag flying, many of the men of this particular group were volunteering as scouts to deal with raiding Kiowa and Comanche indians, and the camp consisted of old men, women and children.

When the militia was finished dealing with these hostiles, 400 Cheyenne/Arapaho children, women, physically- and mentally-challenged, and elders were brutally murdered.  Some of the troops removed women's breasts to make tobacco pouches, and other mutilations occurred.

As I said, Black Kettle had signed a treaty with the United States, supplied scouts and men to deal with renegades, and some of his men even FOUGHT on the side of the Union during the civil war.

I bring up these incidents to point out that these were the arguments used to establish the National Guard as the new militia.

The problem with the National Guard is that it can be put under Federal control, where as the state militia cannot be, without the consent of the Governor.

A right, established by the constitution as belonging to the states was taken from the states by an act of congress.

However today 25 states have official state militias, these units are supplied by members and are under the direct control of the governors and have no connection to the federal government.

FYI, these state militias were a heated topic during the Oklahoma City Bombing trial.


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RE: Well regulated? - 11/14/2008 10:34:06 AM   
popeye1250


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quote:

ORIGINAL: Musicmystery

Folks, the original question regarded the regulation language.

Why is the statement even there? What role can/should/must the government play in such regulation?


Music, none.
People *keep forgetting* that our govt. does not exist to "tell" The People what to do!
The "government" is there to do our bidding.
It exists to "serve" The People not to subjugate them.
As for "well-regulated" I don't think it has nor should it have "one meaning."
"Well regulated" may mean one thing in Tennessee and quite another in anti-gun Massachusetts.
As CL alluded to everything is "local."
And as the late great Thomas P. "Tip" O'Neil said, "All politics is local."
Does anyone really think that the Founding Fathers had a "top-down" government in mind with the federal govt at it's head?
They were real big on "states rights" and by extension, "local rights."
"All other things are reserved for the states."
Presently, we can't even get the federal govt to do it's job and secure or close that Mexican border! That alone imho is reason for Revolt!
But, give any buearacracy an inch and they want to start meddling!
Education should be controlled locally not by people sitting at desks in Washington hundreds or thousands of miles away.
Talk about "well regulated", look at Wall st, insurance cos and brokerages, the federal govt. didn't do a very good job "regulating" *them*, did they?
The rule of thumb is that the less involvement by govt, *the better!*
I was told by a lawyer years ago that all you need to start a militia is 3 people.

< Message edited by popeye1250 -- 11/14/2008 10:46:20 AM >


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RE: Well regulated? - 11/14/2008 10:36:08 AM   
philosophy


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FR

....if 'well regulated' in this context means well trained, would posters support training and testing for gun ownership,along the lines of training and testing for a driving licence? (note that this includes the possibility of failing the test and thus not being allowed to own a gun). If not, if the idea is that all one needs to own a gun is to sign their name on the dotted line, how is that 'well regulated'?

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RE: Well regulated? - 11/14/2008 10:42:09 AM   
popeye1250


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quote:

ORIGINAL: philosophy

FR

....if 'well regulated' in this context means well trained, would posters support training and testing for gun ownership,along the lines of training and testing for a driving licence? (note that this includes the possibility of failing the test and thus not being allowed to own a gun). If not, if the idea is that all one needs to own a gun is to sign their name on the dotted line, how is that 'well regulated'?


Phil, in the U.S. having a driver's lisense is considered a "priviledge".
Keeping and bearing arms is a "right."
So, the answer would be no.

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RE: Well regulated? - 11/14/2008 10:45:43 AM   
philosophy


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quote:

ORIGINAL: popeye1250

quote:

ORIGINAL: philosophy

FR

....if 'well regulated' in this context means well trained, would posters support training and testing for gun ownership,along the lines of training and testing for a driving licence? (note that this includes the possibility of failing the test and thus not being allowed to own a gun). If not, if the idea is that all one needs to own a gun is to sign their name on the dotted line, how is that 'well regulated'?


Phil, in the U.S. having a driver's lisense is considered a "priviledge".
Keeping and bearing arms is a "right."
So, the answer would be no.


...then how do you pass the test of 'well regulated' if you're not going to regulate it? Using the word regulate as meaning trained. If you believe in the 2nd amendment, then you can't cherry pick words out of it surely?

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RE: Well regulated? - 11/14/2008 10:46:11 AM   
xBullx


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-fast reply-

This is a mind fuck isn't it Tim?.... The more I ponder on the term (well regulated) in a Constitutional aspect the more questions it inspires.

Several times I started a response only to then read it and then question my own conclusion.

Ahh, where the hell are Adams, Franklin or Jefferson when you have need of superior intellect. Dammit.....dammit all to hell!!

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Caution: My humor is a bit skewed.

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RE: Well regulated? - 11/14/2008 10:46:22 AM   
slvemike4u


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Short answer Philo,it isn't and that is the problem.
Popeye the government is certainly there to "tell the People"what to do,how else do you defend the minority from the tyranny of the majority?
It has allways amazed me how proponents of "unfettered" can decipher "well regulated"by giving you examples of definitions of the phrase as used by the founders,and in the next breath claim the founders certainly could envision the technological advance in modern firearms.I have as much respect for the founding fathers as anyone,but to imbue in them some otherworldly vision after defining the "well regulated " to simply what it meant at the time ....would seem to be very convenient to gun advocates purposes..

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RE: Well regulated? - 11/14/2008 10:53:09 AM   
popeye1250


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quote:

ORIGINAL: philosophy

quote:

ORIGINAL: popeye1250

quote:

ORIGINAL: philosophy

FR

....if 'well regulated' in this context means well trained, would posters support training and testing for gun ownership,along the lines of training and testing for a driving licence? (note that this includes the possibility of failing the test and thus not being allowed to own a gun). If not, if the idea is that all one needs to own a gun is to sign their name on the dotted line, how is that 'well regulated'?


Phil, in the U.S. having a driver's lisense is considered a "priviledge".
Keeping and bearing arms is a "right."
So, the answer would be no.


...then how do you pass the test of 'well regulated' if you're not going to regulate it? Using the word regulate as meaning trained. If you believe in the 2nd amendment, then you can't cherry pick words out of it surely?


Phil, what "test?"
Who said there has to be a "test?"
Did you read that somewhere?
Again, locals would decide that.
The things that work in frigid Minnisotta aren't neccessarily going to work in hot Texas.
If people "let" Washington get involved in things there'd be huge books of "regulations" and nothing would get done.
Oh, and they'd probably try to tax you on top of it!
P.S. And the govt. would probably want them to have lawyers!
PPS And the govt would probably want them to have "Environmental Regulators" with them too!
PPPS And the govt would want them to have an EEOC consultant too!
PPPPS, And the govt would of course want a secretary or three to "document" everything that was said or done.

< Message edited by popeye1250 -- 11/14/2008 11:04:17 AM >


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RE: Well regulated? - 11/14/2008 10:55:05 AM   
xBullx


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quote:

ORIGINAL: philosophy

...then how do you pass the test of 'well regulated' if you're not going to regulate it? Using the word regulate as meaning trained. If you believe in the 2nd amendment, then you can't cherry pick words out of it surely?



It might bear reflection that it wasn't the concept that arms were to be regulated, but rather that the militia was to be.

An undisciplined and unregulated force is little more than an unruly gang and is often a liability when faced with it's contrary. It could be that in stating "well regulated" may not mean it is controlled so much as in saying it must be provided for.

I hope that makes sense as it all came to me in a dream.

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Caution: My humor is a bit skewed.

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