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Second Amendment Rights and Black Sheep
dansargis.org ^ | October 17, 2007 | Dan Sargis

Posted on 10/17/2007 11:48:49 AM PDT by Dr.Syn

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To: ctdonath2
"If Congress did not have that power, then the 2nd Amendment would be kinda pointless in your view, eh?"

Correct. There were those who felt that way about all of the amendments, saying they weren't necessary since the federal government didn't have the power.

"Cute evasion. Answer the question."

What, you don't know the answer? The second amendment applied to the well regulated state militias. The Militia Act of 1792 merely standardized all of the militias.

201 posted on 10/19/2007 3:03:32 PM PDT by robertpaulsen
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To: Admin Moderator; robertpaulsen

Which handle(s) of yours got spanked by robertpaulsen?


202 posted on 10/19/2007 10:35:57 PM PDT by Mojave
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To: robertpaulsen
Since you are clearly a troll with an anti-gun agenda, I intend to post to you from now on the way you post to everyone else on this subject - I'm going to ignore your posts until you answer my questions. And then I'll ask more questions, continuing to ignore your posts. I'm even going to throw in some tangential obfuscatory comments for good measure.

So, again, what law school did you graduate from - or did you, which is more likely, flunk out?

How long have you been practicing law - or, more likely, flipping burgers?

203 posted on 10/20/2007 5:17:12 AM PDT by Abundy
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To: Abundy
"I'm going to ignore your posts until you answer my questions. So, again, what law school did you graduate from - or did you, which is more likely, flunk out?"

You're going to ignore my posts until I answer your questions about my personal life that have absolutely nothing to do with the topic at hand?

Hah! Anything I want you to know about me can be found on my profile page.

Do you accept my challenge in post #176, or do you wish to apologize for besmirching me?

204 posted on 10/20/2007 5:40:58 AM PDT by robertpaulsen
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To: robertpaulsen
So you admit that you have no formal training in the Law and constitutional interpretation?

Finally.

And my next question is when will you make assistant manager at Burger King?

Or maybe you are the guy inside the King suit in the commercials...

205 posted on 10/20/2007 6:00:31 AM PDT by Abundy
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To: Abundy
"So you admit that you have no formal training in the Law and constitutional interpretation?"

Gosh, and I'm still able to wipe the floor with you.

Go figure.

206 posted on 10/20/2007 6:09:04 AM PDT by robertpaulsen
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To: robertpaulsen

No, you don’t wipe the floor with anyone on this thread, in fact, you get your arse handed to you every time you post.


207 posted on 10/20/2007 6:17:07 AM PDT by Abundy
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To: Abundy
I'm even going to throw in some tangential obfuscatory comments for good measure.

Some things never change.

208 posted on 10/20/2007 7:03:42 AM PDT by Mojave
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To: Dead Corpse
The declaration of rights will be the text whereby they will try all the acts of the federal government.

Do you have a target tattooed on your foot?

209 posted on 10/20/2007 7:10:01 AM PDT by Mojave
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To: robertpaulsen
Do you accept my challenge in post #176

He'll cut and run.

210 posted on 10/20/2007 10:50:33 AM PDT by Mojave
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To: robertpaulsen
But the U.S. Supreme Court has ruled that Congress may write laws which "reasonably regulate" a constitutional right provided there is a compelling government interest.

Slippery slope there, Mr. Paulsen! Reason is a VERY subjective idea, and if given the opportunity, would you argue that the government would be comfortable allowing the citizenry to be armed for the purpose of a popular coup?

The Second Amendment is, in my mind, the Reset button against the Federal government. If citizens are fed up with their elected officials, there should be the option for us to overthrow them for their abuses. To think we could do that without armament is sheer folly.

Close. "A well armed regulated group of able-bodied individuals white male citizens between the ages of 18 and 24 45, being necessary to the security of a free state..."

I still feel that we are quibbling over the definition of regulated, Sir. How do you interpret the meaning of the word? I feel that you are taking it to mean controlled. Is that not the case? And you continue to place white, landowning males in the fray, seemingly to exclude other classes of people from the BoR altogether, but if the government and the courts since the abolition of slavery and women's suffrage were going to universally apply the declarations in the BoR, would they not have modified the core principles of governmental definitions to include women and blacks in that equation? More to the point, do you feel that the BoR still only applies to the white landowning men of this country from a strict constructionist view of the document?

And I apologize for the statewide or personal mixup. I re-read your previous post and realized that you were modifying the word defense. It made more sense after I figured that out.

211 posted on 10/20/2007 1:53:12 PM PDT by rarestia ("One man with a gun can control 100 without one." - Lenin / Molwn Labe!)
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To: Mojave
"He'll cut and run ..."

... while yelling insults over his shoulder.

212 posted on 10/20/2007 3:55:18 PM PDT by robertpaulsen
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To: rarestia
"Slippery slope there, Mr. Paulsen! Reason is a VERY subjective idea"

True. But the Founding Fathers were comfortable with it. "Beyond a reasonable doubt" is required for convicton. "Secure from unreasonable searches" is found in the 4th amendment.

"would you argue that the government would be comfortable allowing the citizenry to be armed for the purpose of a popular coup?"

Well, if we can't do it today with 200 million guns owned by 70 million Americans, we ain't never going to be able.

"The Second Amendment is, in my mind, the Reset button against the Federal government. If citizens are fed up with their elected officials, there should be the option for us to overthrow them for their abuses."

There is. It's called the ballot box. Every two years we have the opportunity to start with a clean slate, electing the people who write the laws. We are a self-governing nation, you know.

"I feel that you are taking it to mean controlled. Is that not the case?"

That is not the case. I already answered that question from you in my post #137. Forget?

"More to the point, do you feel that the BoR still only applies to the white landowning men of this country from a strict constructionist view of the document?"

I referenced white, male, citizen landowners to demonstrate that the Founding Fathers did not mean to protect every individual's right to keep and bear arms by the second amendment -- that "the people" referred to a certain group, the enfranchised body politic.

That group, today, is much larger. The enfranchised body politic now includes non-whites and women. And it still does not mean every person or even every citizen.

213 posted on 10/20/2007 4:24:37 PM PDT by robertpaulsen
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To: robertpaulsen
I contend that reasonable would be best stated as effective without being excessively injurious. To state that "reasonable restrictions" on the Second Amendment should include one-gun-a-month schemes and a national registry is excessively injurious, by my estimation. Like it or not, we are permitted the luxury of arming ourselves with as many firearms as we deem reasonable and within the confines of our own basis for reason. If I were to buy 3 AK-47s in one day, I have that right, and no one should question it. But to restrict me to one gun a month, I could still buy 12 per year. At what point does that stop criminals from gaining access to weaponry?

And a national registry is, in my opinion, expressly forbidden per the Second Amendment. We are permitted to own firearms for the purpose of self defense and defense of the State, per the Second Amendment, and to track everyone's purchases and ownership of what amount to protected implements is tantamount to unreasonable search, at the least.

Well, if we can't do it today with 200 million guns owned by 70 million Americans, we ain't never going to be able.

That's not a cause for preclusion of the Second Amendment, Sir! The need for the Second Amendment transcends the need for revolution. As Jefferson once said, "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." Just because it's been a while since a refresher doesn't mean we should be stripped of our right to do so!

There is. It's called the ballot box. Every two years we have the opportunity to start with a clean slate, electing the people who write the laws. We are a self-governing nation, you know.

Surely you jest, Sir! The ballot box is run by the candidates with the most money available to make their presence known. Politics in this country are no longer local and rural. They've taken on a sort of uber-national seed that has turned this country on its ear. With the national media taking over the airwaves, I would contend that politics go global to local instead of the converse, as it used to be. Our Congresscritters and Senators are locked in constant battle to retain their kushy lifestyles, and our local politicians are simply vying for primrose path to DC. We should get back to a pseudo-intellectual local discussion about issues instead of worrying about what Conservative talk show host is being censored now or what superbug is killing less than 2% of the US population.

That is not the case. I already answered that question from you in my post #137. Forget?

No sir, I didn't forget. I continue to bring that point forward to illustrate that you appear to mold it to your grammatical whim. I want to ensure that we're keep this dialog honest and open without attempting some lexical shenanigans. However, in post 137 you were marginally abusive, and I'd like to think that I've proven to you that I'm at least listening and attempting to have an intellectual conversation with you without being vituperative.

And finally, I think that your argument that every citizen of this fine nation isn't part of "the people" as laid out in the BoR is fatuous. If everyone in this nation followed your line of reasoning, we would have the Federal government doing everything they could to quash the rights of women and blacks with the BoR backing them up through some legal monkey business. Every man and woman, white, black, Asian or Mexican, short or tall, fat or skinny who is a citizen of this country is permitted the right to free speech, free exercise of religion, freedom from unreasonable search and seizure of private property and most of all the right to keep and bear arms for the purpose of lawful self-defense of self and State. If you'd like to contend otherwise, I believe there is a movement to have the Second Amendment stricken from the BoR. While your at it, have them strip out the Third as well. Who needs the quartering act anymore, anyway?

214 posted on 10/20/2007 7:05:57 PM PDT by rarestia ("One man with a gun can control 100 without one." - Lenin / Molwn Labe!)
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To: Mojave

Shut your pie hole Roscoe. Last thing we need is a re-tread troll chiming in....


215 posted on 10/20/2007 8:23:21 PM PDT by Dead Corpse (What would a free man do?)
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To: Dead Corpse
The declaration of rights will be the text whereby they will try all the acts of the federal government.

If you had read the quote before posting it you wouldn't be so hysterical now.

216 posted on 10/20/2007 8:29:57 PM PDT by Mojave
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To: rarestia
Like it or not, we are permitted the luxury of arming ourselves with as many firearms as we deem reasonable and within the confines of our own basis for reason.

Cite, please.

217 posted on 10/20/2007 8:31:06 PM PDT by Mojave
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To: Mojave

If you bothered to acknowledge my posts on any of the last hundred threads you’ve polluted with your mindless trolling, we wouldn’t be having this exchange at all...


218 posted on 10/20/2007 8:31:49 PM PDT by Dead Corpse (What would a free man do?)
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To: Mojave
Keep reading f*ck stick...

3. The limited powers of the federal government and jealousy of the subordinate governments afford a security which exists in no other instance. Answer. The first member of this seems resolvable into the 1st. objection before stated. The jealousy of the subordinate governments is a precious reliance. But observe that those governments are only agents. They must have principles furnished them whereon to found their opposition. The declaration of rights will be the text whereby they will try all the acts of the federal government. In this view it is necessary to the federal government also: as by the same text they may try the opposition of the subordinate governments.

BoR. Check on ANY government in the US from over stepping the boundries. Go cry in your beer...

219 posted on 10/20/2007 8:35:28 PM PDT by Dead Corpse (What would a free man do?)
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To: Dead Corpse
The declaration of rights will be the text whereby they will try all the acts of the federal government.

You're afraid to even try to refute your own self-inflicted wound of a post?

That's sad.

220 posted on 10/20/2007 8:36:57 PM PDT by Mojave
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