BamaD
Posts: 20687
Joined: 2/27/2005 Status: offline
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quote:
ORIGINAL: freedomdwarf1 quote:
ORIGINAL: slvemike4u If you care than you are willing to do something about it.....something more substantial than paying lip service to caring. And that "something" in order to have any impact starts with admitting that there needs to be a new "reading" of the Second. There are many that would agree with you. Unfortunately, nobody in power in the US has done it and isn't likely to any day soon. Basically, nobody with any power has the balls to shake the ancient tree. quote:
ORIGINAL: slvemike4u An understanding that "individual" can not be separated from "well regulated militia" in the understanding of the Second. Unfortunately mike, the Supreme Court disagree with your interpretation of it. quote:
ORIGINAL: slvemike4u Failing that,the only other thing to do is scrap the whole thing and rewrite it with a clear understanding of modern society and the weapons that have been developed since the days of the musket. Personally, I agree with you. But that doesn't alter the fact that it ain't gonna happen soon and probably not in my lifetime. From Wiki: The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms. The Supreme Court of the United States has ruled that the right belongs to individuals, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices. State and local governments are limited to the same extent as the federal government from infringing this right per the incorporation of the Bill of Rights. The Second Amendment was adopted on December 15, 1791, as part of the first ten amendments contained in the Bill of Rights. The Second Amendment was based partially on the right to keep and bear arms in English common-law and was influenced by the English Bill of Rights of 1689. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state. In United States v. Cruikshank (1876), the Supreme Court of the United States ruled that, "The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence" and limited the applicability of the Second Amendment to the federal government. In United States v. Miller (1939), the Supreme Court ruled that the federal government and the states could limit any weapon types not having a “reasonable relationship to the preservation or efficiency of a well regulated militia”. In the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest. In District of Columbia v. Heller (2008), the Supreme Court handed down a landmark decision, expressly holding the amendment to protect an individual right to possess and carry firearms. In McDonald v. Chicago (2010), the Court clarified its earlier decisions that limited the amendment's impact to a restriction on the federal government, expressly holding that the Fourteenth Amendment applies the Second Amendment to state and local governments to the same extent that the Second Amendment applies to the federal government. Despite these decisions, the debate between the gun control and gun rights movements and related organizations continues. Until the Supreme court overturn its earlier ruling, the constitution is interpreted as per their 2008 decision. As per the second paragraph, we (the Brits) also have a right to bear arms just like you do in the US. The difference being, we don't like the regular killings so we allowed our government to curtail the general availability of arms in the UK. And to be honest, many of us here (and those in a similar situation, ie; Canada, Australia etc) feel much better for it. However, an awful lot of Americans are still in the mindset of 200+ years ago: "can have it, will have it, must have it; and you can't take it away from me.. so there!!". No the British have the privilege of owning guns, not the right, btw have you started obeying British weapons laws yet or is that still just for the peasants?
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Government ranges from a necessary evil to an intolerable one. Thomas Paine People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.
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