Flare Sci-fi Forums
Flare Sci-Fi Forums Post New Topic  Post A Reply
my profile | directory login | search | faq | forum home

  next oldest topic   next newest topic
» Flare Sci-Fi Forums » Community » The Flameboard » Gun control and the Constitution (Page 2)

  This topic comprises 4 pages: 1  2  3  4   
Author Topic: Gun control and the Constitution
Sol System
two dollar pistol
Member # 30

 - posted      Profile for Sol System     Send New Private Message       Edit/Delete Post   Reply With Quote 
"ough"

I blame the Welsh.

------------------
Not even a god can deny that I have squared the circle of a static Earth and cubed the Earth sphere by rotating it once to a dynamic Time or Life Cube.
--
Gene Ray
****
Read three (three!) chapters of "Dirk Tungsten in...The Disappearing Planet" Or don't. You know, whatever.


Registered: Mar 1999  |  IP: Logged
Malnurtured Snay
Blogger
Member # 411

 - posted      Profile for Malnurtured Snay     Send New Private Message       Edit/Delete Post   Reply With Quote 
quote:
"The original intent of the framers of the Second Amendment was not only for the people to have the right to be armed, but to be armed at a level equal to the government. The History of the Second Amendment, 28 Valparaiso University Law Review, 1007, 1009 (1994).

So the Second Ammendment should allow the common Joe-Schmoe to own tanks and F-15s? Hell, why not a nuclear bomb?

------------------
Star Trek Gamma Quadrant
Average Rated 8.32 out of 10 Smileys by Fabrux (with seven eps posted)
***
"Oh, yes, screw logic, let's go for a theory with no evidence!"
-Omega 11:48am, Jan. 19th, 2001



Registered: Sep 2000  |  IP: Logged
Jay the Obscure
Liker Of Jazz
Member # 19

 - posted      Profile for Jay the Obscure     Send New Private Message       Edit/Delete Post   Reply With Quote 
quote:
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.

Article 1 section 8

Even assuming that 'well regulated' also means something akin to 'well ordered', the above of the Constitution gives Congress authority for arming the militia and by extension regulation of arms carried by said militia.

------------------
The negotiations have failed. Shoot him!
~ C. Montgomery Burns


Registered: Mar 1999  |  IP: Logged
Omega
Some other beginning's end
Member # 91

 - posted      Profile for Omega     Send New Private Message       Edit/Delete Post   Reply With Quote 
The power to give the militia arms does not imply the power to take away arms that they already have.

------------------
"Omega is right."
-Jeff Karrde, March 18, 2001 08:47 PM


Registered: Mar 1999  |  IP: Logged
Jay the Obscure
Liker Of Jazz
Member # 19

 - posted      Profile for Jay the Obscure     Send New Private Message       Edit/Delete Post   Reply With Quote 
You sure about that are ya?

------------------
The negotiations have failed. Shoot him!
~ C. Montgomery Burns


Registered: Mar 1999  |  IP: Logged
Omega
Some other beginning's end
Member # 91

 - posted      Profile for Omega     Send New Private Message       Edit/Delete Post   Reply With Quote 
Quite.

------------------
"Omega is right."
-Jeff Karrde, March 18, 2001 08:47 PM


Registered: Mar 1999  |  IP: Logged
Malnurtured Snay
Blogger
Member # 411

 - posted      Profile for Malnurtured Snay     Send New Private Message       Edit/Delete Post   Reply With Quote 
Too bad you're wrong.

------------------
Star Trek Gamma Quadrant
Average Rated 8.32 out of 10 Smileys by Fabrux (with seven eps posted)
***
"Oh, yes, screw logic, let's go for a theory with no evidence!"
-Omega 11:48am, Jan. 19th, 2001



Registered: Sep 2000  |  IP: Logged
First of Two
Better than you
Member # 16

 - posted      Profile for First of Two     Send New Private Message       Edit/Delete Post   Reply With Quote 
Prove it.

------------------
The government that seems the most unwise, oft goodness to the people best supplies. That which is meddling, touching everything, will work but ill, and disappointment bring. - The Tao Te Ching


Registered: Mar 1999  |  IP: Logged
Omega
Some other beginning's end
Member # 91

 - posted      Profile for Omega     Send New Private Message       Edit/Delete Post   Reply With Quote 
Come on, Rob, you know he's just going to say...

*KarrdeSpeak*

YOU prove it.

*/KarrdeSpeak*

To which I would reply that your side is the one making the assertation, Jeff. You're asserting that the Constitution says something. I'm denying that. It's YOUR job to prove your position, not mine to disprove it.

------------------
"Omega is right."
-Jeff Karrde, March 18, 2001 08:47 PM


Registered: Mar 1999  |  IP: Logged
Malnurtured Snay
Blogger
Member # 411

 - posted      Profile for Malnurtured Snay     Send New Private Message       Edit/Delete Post   Reply With Quote 
The Supreme Court backs the notion that the Gov't can regulate guns.

More, you both agree that regulation is essential when it comes to Criminals and ex-Criminals, even though the Constitution says NOTHING about restricting any of the rights of those who have served their time for a crime committed. Whether you realize or wish to admit it or not, you do agree.

Proof enough. =)

(Speaking of which, while it's certainly nice to see that Omega has learned to spell "Britain" correctly, it'd be nice if he could learn to do the same with my name.)

------------------
Star Trek Gamma Quadrant
Average Rated 8.32 out of 10 Smileys by Fabrux (with seven eps posted)
***
"Oh, yes, screw logic, let's go for a theory with no evidence!"
-Omega 11:48am, Jan. 19th, 2001

[This message has been edited by JeffKardde (edited March 31, 2001).]


Registered: Sep 2000  |  IP: Logged
Jay the Obscure
Liker Of Jazz
Member # 19

 - posted      Profile for Jay the Obscure     Send New Private Message       Edit/Delete Post   Reply With Quote 
Oh, come on Omega. The ball is in your court quite clearly. You say the Constitution says one thing and oops, I'm supposed to take in on your word.

Let's be clear about this. The Constitution says that Congress arms and diciplines the militia. Moreover, the Constitution also says Congress has the authority:

quote:
To make Rules for the Government and Regulation of the land and naval Forces;

Article 1 section 8.

The militia is a military force on land. Rules and regulation being what they are, combined with the other authority given Congress over the militia, are the writing on the wall for your impoverished point of view.

Your idea is and has been to make statements with nothing to back them up. According to the old admonition, show don't tell. Well you can't show.

I've shown what the Constitution says about Congress and the militia. Further I've shown what the Constitution says about regulation of land forces of which any militia is a part. Cleary, putting these together, Congress has the Constitutional authority to regulate the weapons carried by any militia.

Morover, this calls into question a sore on Fo2's 'well regulated' body argument of 'well ordered' singular meaning:

quote:
Of the different grounds which have been taken in opposition to the plan of the convention, there is none that was so little to have been expected, or is
so untenable in itself, as the one from which this particular provision has been attacked. If a well-regulated militia be the most natural defense of a free country, it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security.

Alexander Hamilton from Federalist No. 29 indicates that, he for one, felt well regulated intended regulation of the militia and not simple training.

------------------
The negotiations have failed. Shoot him!
~ C. Montgomery Burns


Registered: Mar 1999  |  IP: Logged
Omega
Some other beginning's end
Member # 91

 - posted      Profile for Omega     Send New Private Message       Edit/Delete Post   Reply With Quote 
Jay:

Let's be clear about this. The Constitution says that Congress arms and diciplines the militia. Moreover, the Constitution also says Congress has the authority to make Rules for the Government and Regulation of the land and naval Forces

Yes, but the militia only becomes an actual part of the military at such time as they are called into service, ala a draft or invasion. Thus, the regulation portion does not apply to private citizens. Further, even if it did, it would ONLY apply to able-bodied men between the ages stated earlier. And yet further, even if the above qualifications did not exist, the second ammendment overrides the original text. It IS an ammendment, after all.

So, the highest law on the subject would be the most recent related ammendment to the Constitution, that being that "the right of the people to keep and bear arms shall not be infringed."

Game over. You loose.

------------------
"Omega is right."
-Jeff Karrde, March 18, 2001 08:47 PM


Registered: Mar 1999  |  IP: Logged
Malnurtured Snay
Blogger
Member # 411

 - posted      Profile for Malnurtured Snay     Send New Private Message       Edit/Delete Post   Reply With Quote 
quote:
Game over. You loose

::runs to bathroom:: Phew! Got there in time.

------------------
Star Trek Gamma Quadrant
Average Rated 8.32 out of 10 Smileys by Fabrux (with seven eps posted)
***
"Oh, yes, screw logic, let's go for a theory with no evidence!"
-Omega 11:48am, Jan. 19th, 2001



Registered: Sep 2000  |  IP: Logged
Malnurtured Snay
Blogger
Member # 411

 - posted      Profile for Malnurtured Snay     Send New Private Message       Edit/Delete Post   Reply With Quote 
Actually, Omega, YOU lose (note: one "o", and you're still not spelling my name right).

Anyway, the Supreme Court interprets the Constitution. Now, they haven't been doing a smack-dab job of it in recent years (look at what they did for "Dubya" as an example), but they've been hitting things pretty clearly on the gun issue. Proof enough.

Second, you still haven't responded to this point:

The Constitution says nothing about restricting the rights of ex-Criminals. Yet you want guns kept away from them. How do you support that without also supporting government regulation of guns? Contradictory.

------------------
Star Trek Gamma Quadrant
Average Rated 8.32 out of 10 Smileys by Fabrux (with seven eps posted)
***
"Oh, yes, screw logic, let's go for a theory with no evidence!"
-Omega 11:48am, Jan. 19th, 2001



Registered: Sep 2000  |  IP: Logged
Daniel
Active Member
Member # 453

 - posted      Profile for Daniel     Send New Private Message       Edit/Delete Post   Reply With Quote 
Umm, I haven't been following this entire thread and I'm not sure if I want to get tangled up in this but, here goes:

Why do we need guns in the first place? Perhaps if this aspect, (what seems to be the basis of the entire argument), was examined, then we could come to some reasonable conclusion.

Depending upon how the constitution is interpreted, it is our inalienable right to bear firearms. Why? What do we need them for and why should we have the right to maintain them? Do we really need them for protection and recreational purposes? Are they a basic and fundamental part of our lives, without which we would suffer intolerably? Would it be so horrible if we restricted firearms completely from the American public? Answer these questions please, using logical, rational statements supported by evidence without making exceptions to the points you are making, and perhaps we will get somewhere useful.

(For the record, I would like to point out that I believe Japan bans use of firearms by any persons other than the police or armed forces, and they seem to make out just fine. The most recent case of "domestic" violence I have read in the NY Times occuring in Japan, was of a mentally unbalanced office worker who fatally stabbed his employer and several others before being apprehended by the police. This was two years ago.)


Registered: Nov 2000  |  IP: Logged
  This topic comprises 4 pages: 1  2  3  4   

Quick Reply
Message:

HTML is enabled.
UBB Code™ is enabled.

Instant Graemlins
   


Post New Topic  Post A Reply Close Topic   Feature Topic   Move Topic   Delete Topic next oldest topic   next newest topic
 - Printer-friendly view of this topic
Hop To:


© 1999-2024 Charles Capps

Powered by UBB.classic™ 6.7.3