Sandy Hook- It's the guns fault, it's always the guns fault.

Discussion in 'Political Opinions & Beliefs' started by Richard The Last, Mar 15, 2019.

  1. 6Gunner

    6Gunner Banned

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    "Well regulated" means properly equipped and functioning as expected. A rifle that hits to point of aim at 100 yards is said to have sights that are "well regulated." During the War of 1812, especially after the Battle of Baltimore where militia units held the line against the British to prevent them from reaching the city, dispatches praised the "fine regulation" of the militia.... which was about praising its esprit d'corps, skill at arms, and courage under fire.

    The Second Amendment is a right of the people, not a power of the government.
     
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  2. Reality

    Reality Well-Known Member

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    It does not, as it is a prefatory clause it does not modify the operative clause "the right of the people to keep and bear arms, shall not be infringed" which indicates that the people have a right to keep and bear arms. If you look at other uses of the same term in the constitution, they are instances of an individual right. Hence it is an individual right.
    Dont fight it.
     
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  3. danielpalos

    danielpalos Banned

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    No, it doesn't. Well regulated, must be prescribed by Congress for the militia of the United States. Our Second Amendment was never about individual rights.
     
  4. danielpalos

    danielpalos Banned

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    The "prefatory" clause fixes the Context for the rest of the sentence. That express context is the security of a free State not the whole and entire concept of implied individual rights.
     
    Last edited: Mar 24, 2019
  5. Golem

    Golem Well-Known Member Donor

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    Of course. The shooter is the culprit. The rest share part of the responsibility for facilitating the act. Particularly the guns, ammunition and related paraphernalia which were the main tools used to commit the crime.
     
    Last edited: Mar 24, 2019
  6. Reality

    Reality Well-Known Member

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    The prefatory clause does not modify the operative though. Grammar is a thing the founders were well aware of
     
  7. danielpalos

    danielpalos Banned

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    still special pleading to the point of ignorance? there are no individual terms in our Second Amendment.

    All terms are plural and collective, to reinforce the specific point of the collective need to enable the security of our free States.
     
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  8. Golem

    Golem Well-Known Member Donor

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    The comma has nothing to do with grammar. Even though there were punctuation rules at the time, authors were also instructed to use commas wherever they believed somebody who would be reading the text out loud should pause for breath. The first comma is simply a pause for breath. The inclusion or omission does not modify the meaning. There are examples of such "weird" commas all over the writings of the era. And of the Constitution itself. For example, Article III, Section 1 "The judicial power of the United States, shall be vested in one Supreme court.” Clearly the comma has no effect. It's just a pause for breath. As is the third comma on the Second Amendment itself. It also has no effect whatsoever.

    "A well regulated militia" is integral part of the prefatory clause. And it modifies the Main Clause. In grammar this is called an "Absolute Clause". And therefore, it cannot be omitted, as Scalia pretended.

    Heller is now the Law of the Land. But Scalia had to come up with some very inventive "Linguistics" of his own to justify it. Which shows that Attorneys should do laws, and Linguists should do linguistics.
     
  9. Ddyad

    Ddyad Well-Known Member

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    The Second Amendment confirms that right.
     
  10. danielpalos

    danielpalos Banned

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    You would think it would confirm the right of the People to keep and bear Arms for their State or the Union.
     
  11. BobbyJoe

    BobbyJoe Banned

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    And "the people" are the state(s).
     
  12. BobbyJoe

    BobbyJoe Banned

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    The amendment process is what I'm referring to....

    You're saying it does not change and grow...and then you say it can change and grow....??
     
  13. Dispondent

    Dispondent Well-Known Member Past Donor

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    The part where the Founders' themselves owned private firearms, without regulation. Assuming of course you aren't implying you know more about the 2nd than they did...
     
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  14. BobbyJoe

    BobbyJoe Banned

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    What does that have to do with what the 2nd amendment says....

    obviously people owned guns.

    But there have always been laws and restrictions and rules.
     
  15. Dispondent

    Dispondent Well-Known Member Past Donor

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    Gun grabbing monsters imply that private ownership was tied to the 'well regulated militia', which is clearly false if the Founders' themselves owned private firearms regardless of the militia. Shall not be infringed means exactly what they wrote...
     
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  16. Ddyad

    Ddyad Well-Known Member

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    And for self defense. Especially against the ultimate threat to human life and liberty - the state.

    "Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one." Thomas Paine
    https://www.brainyquote.com/quotes/thomas_paine_100996
     
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  17. BobbyJoe

    BobbyJoe Banned

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    Ugh...

    the state's rights for a militia shall not be infringed.

    Nothing about individual rights.

    There have ALWAYS been laws, rules, and regulations. That is a FACT.
     
  18. Ddyad

    Ddyad Well-Known Member

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    No, "the people" are not the state in a constitutional republic the state is defined by its constitution - by law.

    'A government of law and not of men.'
     
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  19. Dispondent

    Dispondent Well-Known Member Past Donor

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    So you are saying the Founders' didn't understand the 2nd as well as you do. Got it. Good bye...
     
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  20. BobbyJoe

    BobbyJoe Banned

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    "The people" are a group that forms a state or a nation.
     
  21. BobbyJoe

    BobbyJoe Banned

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    I'm not saying that at all.

    Goodbye.
     
  22. Ddyad

    Ddyad Well-Known Member

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    They are not the state. The FF were not the USA.
     
  23. BobbyJoe

    BobbyJoe Banned

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    Huh?

    "The people" is a legal term, like "the people vs. whoever". It is a collection of the people, not any particular individual.
     
  24. Ddyad

    Ddyad Well-Known Member

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    Yes, the COTUS can be changed by the amendment process.

    "Laurence H. Tribe, a law professor at Harvard, said he had come to believe that the Second Amendment protected an individual right.

    “My conclusion came as something of a surprise to me, and an unwelcome surprise,” Professor Tribe said. “I have always supported as a matter of policy very comprehensive gun control.”
    THE NEW YORK TIMES, A Liberal Case for Gun Rights Sways Judiciary, By ADAM LIPTAKMAY 6, 2007.
    https://www.nytimes.com/2007/05/06/us/06firearms.html

    For instance: "The right to keep and bear arms may be infringed" could be incorporated to the COTUS.
     
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  25. spiritgide

    spiritgide Well-Known Member Past Donor

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    And if they had used a gallon jug of gasoline with a burning rag in it?
    Then, we would be demanding to ban gasoline.
    Why don't we ban spoons to combat obesity?
    Ban cars to end drunk driving?

    Or- Why don't we do something about the mentally deranged, unstable people, such as the Parkland school shooter- where the police and FBI were warned at least twice that Cruz planned to shoot up a school, and nobody did anything?

    Why don't we blame you and the people who can't understand the fact that people kill people, and the weapon has no malice whatsoever- and ban that kind of thinking?

    The argument that the guns are to blame is exactly the argument that is keeping the deranged people who actually kill people out of the spotlight and their problems from being addressed.
     
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