RE: Well regulated? (Full Version)

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SimplyMichael -> RE: Well regulated? (11/14/2008 11:00:32 AM)

quote:

ORIGINAL: slvemike4u

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..


Another bullshit diversion on two grounds:
  •  In many cases the weapons civilians owned were MORE advanced (kentucky rifles and their ilk had twice the range of military weapons of the day) than military weapons.
  • Freedom of speech, under your argument, refers ONLY to unamplified, recorded, etc, human voice.  Movies, telephones, the internet, none of those were "concieved of" by the founders and are thus exempt from the first amendment.




kdsub -> RE: Well regulated? (11/14/2008 11:12:44 AM)

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?


I wonder if well regulated may mean controlled or sanctioned by the state? Don’t want a band of Missourians forming a militia and invading Kansas…even if the Jayhawks deserve it.

Butch




slvemike4u -> RE: Well regulated? (11/14/2008 11:26:09 AM)

quote:

ORIGINAL: SimplyMichael

quote:

ORIGINAL: slvemike4u

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..


Another bullshit diversion on two grounds:
  •  In many cases the weapons civilians owned were MORE advanced (kentucky rifles and their ilk had twice the range of military weapons of the day) than military weapons.
  • Freedom of speech, under your argument, refers ONLY to unamplified, recorded, etc, human voice.  Movies, telephones, the internet, none of those were "concieved of" by the founders and are thus exempt from the first amendment.


Bullshit would seem to apply to this post more readily.
1)Are you claiming that the founders weren't aware of the weapons available in their own time?I fail to see the point you re trying to make.
2)Has the advancements you speak of made free speech any more deadly,or changed in any material way speech itself
Talk about a bullshit diversion.




celticlord2112 -> RE: Well regulated? (11/14/2008 12:15:32 PM)

quote:

2)Has the advancements you speak of made free speech any more deadly

  • "Remember the Maine"
  • Tokyo Rose
  • Lord Haw Haw
  • Osama Bin Laden's taped messages to Al Qaida
I believe the evidence says "yes"




slvemike4u -> RE: Well regulated? (11/14/2008 12:25:44 PM)

quote:

ORIGINAL: celticlord2112

quote:

2)Has the advancements you speak of made free speech any more deadly

  • "Remember the Maine"
  • Tokyo Rose
  • Lord Haw Haw
  • Osama Bin Laden's taped messages to Al Qaida
I believe the evidence says "yes"

Bullshit CL,and whats more you know it.How many ways was speech used to promote and incite the very revolution that gave birth to The Constitution and The Bill of Rights.The Founding Fathers were well aware of the incendiary property's of both speech and idea's.Their Revolution could have never happened without the wise use of both.




Musicmystery -> RE: Well regulated? (11/14/2008 12:33:28 PM)


quote:

ORIGINAL: xBullx

-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!!


Thank you, Bull. Indeed it is! Sounds so simple....yet quickly gets so complicated. And all those founding fathers sat around together--and argued intensely for months.

You've correctly latched on to where I'm going here---repeating and justifying our adopted position(s) talking points ultimately serves nothing. Let's ourselves step back, no matter where we start, and look seriously at the point.

It may well turn into a discussion...

;-)

Live well,

Tim




celticlord2112 -> RE: Well regulated? (11/14/2008 12:41:45 PM)

quote:

Bullshit CL,and whats more you know it.How many ways was speech used to promote and incite the very revolution that gave birth to The Constitution and The Bill of Rights.The Founding Fathers were well aware of the incendiary property's of both speech and idea's.Their Revolution could have never happened without the wise use of both.

You posed the question if technology made free speech "more deadly".  Yes, free speech is incendiary, and at times quite deadly.  Yes, it has always been thus.  But also, yes, technology makes speech a more potent weapon--i.e., "more deadly".




celticlord2112 -> RE: Well regulated? (11/14/2008 12:44:21 PM)

quote:

Don’t want a band of Missourians forming a militia and invading Kansas…even if the Jayhawks deserve it.

Umm....are we sure about that? [8D]




slvemike4u -> RE: Well regulated? (11/14/2008 12:46:59 PM)

Pray tell how ideas have become more deadly?
After all is the free expression of "ideas" that freedom of speech protects is it not.




celticlord2112 -> RE: Well regulated? (11/14/2008 12:58:00 PM)

quote:

Pray tell how ideas have become more deadly?

Mike, ideas are the deadliest things there are.  Deadly and dangerous.  The whole of human history proves that.  Technology merely expands the range of an idea's impact (and thus the casualty list).




HunterS -> RE: Well regulated? (11/14/2008 12:59:19 PM)

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'?



My opinion,and that is all it is. 
A "well regulated militia" requires people with a knowledge of firearms.  All the state has to do is teach them how to use them in concert with others and not be saddled with the cost to supply and teach them how to use them.
If we consider how the "bill of rights" came into being...It was a trade..."sign on to the constitution and we will attach an addenda to it specifying what is implicit but not explicit in the constitution".
At the time of the writing and passing of the constitution there was not wide spread approval of it.  If you read the "Federalist Papers" which are a series of "letters to the editor" pimping the necessity of the constitution as opposed to the articles of confederation, which the government was operating under at that time. 
There was wide spread sentiment for three separate countries to be created out of the 13 colonies.  The Federalist Papers make a strong case against that concept. 
George Mason was in favor of the constitution but only with strict guarantees of certain rights.  Unable to get them incorporated into the body of the constitution he was able to gain a promise of a bill of rights if he would throw his support behind the constitution.  As it turned out the Bill of rights was the first order of business for the first congress.

H. 




slvemike4u -> RE: Well regulated? (11/14/2008 1:07:09 PM)

quote:

ORIGINAL: celticlord2112

quote:

Pray tell how ideas have become more deadly?

Mike, ideas are the deadliest things there are.  Deadly and dangerous.  The whole of human history proves that.  Technology merely expands the range of an idea's impact (and thus the casualty list).

Thanks for proving my point CL.And demonstrating beyond a shadow of a doubt the canard that was SimplyMichael's post.




celticlord2112 -> RE: Well regulated? (11/14/2008 1:15:13 PM)

quote:

Thanks for proving my point CL.And demonstrating beyond a shadow of a doubt the canard that was SimplyMichael's post.

Actually, it proves his point.

Technological innovation does not alter fundamental rights.  Ever. 

Speech is still free even with television and radio (and yes that means we have to endure Howard Stern).  The right to keep and bear arms is still an absolute right even with fire rates greater than three rounds per minute.




Musicmystery -> RE: Well regulated? (11/14/2008 1:22:23 PM)

Again, though, not the question the thread raises.




HunterS -> RE: Well regulated? (11/14/2008 1:32:39 PM)

quote:

The right to keep and bear arms is still an absolute right even with fire rates greater than three rounds per minute.



If I remember my history correctly didn't Lewis and Clark have a 40 shot per minute auto loader on their "voyage of discovery" in 1803/4?
 
H.




popeye1250 -> RE: Well regulated? (11/14/2008 2:37:56 PM)

quote:

ORIGINAL: Musicmystery

The second amendment: 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.

Just out of curiosity...

What do you folks see as "well regulated"? What regulation does this call for or imply?


I see "well regulated" as whatever the local people want it to be.
I just got done reading an article in Yahoo about hurricane Ike and how many people in Texas *still* don't have FEMA trailers!
The govt says they're working on the paperwork and red tape and that they're getting the zoning ordinances changed.
Gee, here's an idea, just put the fucking trailers in and work that other B.S. out later!
People are in tents for a month now because someone doesn't have "paperwork?"
There'll be hundreds of FEMA trailers there at some point and they're worried that some building inspector might start handing out citations because it's not "zoned" for trailers?
WTF kind of "thinking is that?
Slavemike, there's your "leaders from on high" for you!
The *last* thing I want is some politician or buearocrat trying to tell *me* what to do!
"Hi, I'm from the government and I'm here to help!"
Me; "G.T.F. OUT OF HERE!!!"




celticlord2112 -> RE: Well regulated? (11/14/2008 2:46:43 PM)

quote:

ORIGINAL: Musicmystery

Again, though, not the question the thread raises.

True enough.

So what do YOU see as the meaning of the words "well regulated"?




Musicmystery -> RE: Well regulated? (11/14/2008 3:51:36 PM)

quote:

ORIGINAL: celticlord2112

quote:

ORIGINAL: Musicmystery

Again, though, not the question the thread raises.

True enough.

So what do YOU see as the meaning of the words "well regulated"?



A very fair question. Thank you.

The language is problematic, as the sentence doesn't make conventional sense. The independent clause is clear--"the right of the people to keep and bear Arms shall not be infringed." Yet the modifying clause, "a well regulated Militia being necessary to the security of a free State," throws in quite a wrench. Why include this? The clauses connect poorly at best, as the point of the modifier is vague or even irrelevant. We are all, of course, guessing at the intention of the authors [excepting for the moment the spin of partisan positions], despite claims of scholarship that see inside the framers' minds.

We could delve even deeper into semantics---what is "well" regulated for a militia? Is it strict order? Is it the "right" views?

My best guess is that the framers both didn't want the government to universally restrict arms, and didn't want people with arms to run roughshod. This is part of where I was headed when mentioning the Whiskey Rebellion. George Washington established that indeed, the Federal government was the rule of the land. Had he not, England would have conquered us again during the War of 1812, as we'd have been every man for himself.

But the language specifically speaks of militias, not independent owners--although yes, certainly such militias would consist of independent citizens.

So as you ask, what is "well regulated?"

Is it a militia ready to serve the country? George Washington appears to think so, since he called on the militia to resolve the Whiskey Rebellion, without which we problem would have no (War of 1812) or a weak country today.

Or does this mean the militia should be in line with the government?

Certainly a few prominent militias have tried to buck the government, and failed. Should we argue they were exercising their Constitutional rights? I don't think so. At least, such a fight should have, flawed though it is, gone to our Supreme Court. And certainly militia groups choosing to confront the government have been squashed.

So weak though this point is, the framers likely compromised on something like "a sane, ordered, responsible group of guys with guns should be legal." I'm not being sarcastic here. I'm not a hunter, for example, but I'm not anti-hunting. Where I live, hunting lasts in some form from September through May. I'm not willing to concede the woods for 75% of the year, so I have to learn to live with hunters. Sure, I see them in their campers and shake my head at these "woodsmen," but they are generally polite, responsible people, and I strive to be the same.

What troubles me about the OP, though, is the twisting of anything coming down the pike to serve partisan interests. On whichever side, I find that dangerous, even as it's widespread. And I think special interests are playing people like puppets on both sides.

The tangents really bother me, and so my hints at new threads were not casual. Some of "this" seems still about the Civil War---or the War of Northern Aggression. I'm beginning more than ever to appreciate Lincoln's dilemma, and sometimes, even today, I wonder "What if we just let them go? We wouldn't be having this debate!" But Lincoln stuck to an United States which became powerful---and perhaps two weaker countries would have been better, given the consequences.

But again, what does this language mean?

I can't buy your stance that our government includes the seeds to overthrow it. That's simply silly and counterproductive--in fact, that's admitting that we have no true viable government, and never have. I'm also troubled by the assertions that our government is tyrannical, as the charge seems gratuitous. Sure, governments lay forth laws and requirements, as determined by the legislature and approved by the executive branch. That's not tyranny---that just means the accuser disagrees with the result, and clearly, in a republic, some people will always be on the losing side.

I have watched more than one administration while shaking my head. But never did I say, even in my angriest moment, "OK, I'm so out of here," or "It's time to overthrow the government." And people worry about Islam? Christians will ultimately do the job, all while waving the flag, as the American democracy experiment dies. I don't want to see that.

So....

I hope we can agree that we want to be a nation.

I hope we can agree that we want to exercise freedoms.

I hope we can agree that we will need laws to govern, lest we simply embrace anarchy.

Regulation?

Perhaps the framers meant to regulate groups of people with arms. But mostly, I think this smacks of compromise language, not clearly saying what either "side" intended to articulate.

But if we embrace the rule of law, here we are.

I do wish you well.

Tim




philosophy -> RE: Well regulated? (11/14/2008 4:11:18 PM)

quote:

ORIGINAL: popeye1250

I see "well regulated" as whatever the local people want it to be.


...so, essentially, you see the constitution of the USA as a document with no nationally agreed upon definition, more of a case of whatever a local group want it to mean? Where does the Supreme Court come in?




SimplyMichael -> RE: Well regulated? (11/14/2008 4:14:32 PM)

The only problem with this made up issue is that it is, well, made up.  Any casual glance at constitutions adopted by states PRIOR to the adoption of the bill or rights makes it clear what was meant.  Same goes for a number of constitutions adopted afterwards...




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