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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: Freedom4US
"I asked your opinion, not the current published sophistry! (You could have just said “No..” ;)"

Oh. The right to self defense with a weapon is a state issue. I support it.

81 posted on 10/18/2007 10:57:09 AM PDT by robertpaulsen
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To: robertpaulsen
"It does not read "state Militia"."

Correct. But that's what it's referring to.

I wonder how you know that with such conviction given that the Founding Fathers had a deep distrust of government and and a total abhorrence for a standing army (i.e. a state militia is just another tool to extend governmental power especially since its ultimate leadership comes from DC)????

82 posted on 10/18/2007 10:58:15 AM PDT by Dr.Syn
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To: robertpaulsen
But the second amendment refers to a "well regulated state Militia" and the U.S. Constitution says that officers are to be appointed by the state.

Liar.

The Second Amendment at no point refers to any descriptor identifying what militia is being discussed in the preamble.

Further, and more important, even Liberal legal scholars, Lawrence Tribe chief among them, have conceded that when the document was drafted, the militia was everyone who was capable of bearing arms and were expected to report with their own weapons.

The same scholars point out that any other interpretation of the word "people" in the second amendment is impossible given the basic precepts of constitutional interpretation. (you can't or won't understand them, so I'm not going to bother explaining them to you)

Get off your militia kick, and just admit you don't like anyone owning guns unless your Federal Goverment gives them permission to do so.

I have said it before, you are either a moron or a shill for big government, anti-individual rights groups.

83 posted on 10/18/2007 11:00:20 AM PDT by Abundy
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To: groanup; ctdonath2
Well he could save a lot of effort if he would just ask someone. LOL.

He isn't interested in learning why he is wrong, merely interested in attempting to push the VPC/collective rights, anti-individual rights, big government Socialism which he worships.

He is a useless piece of flesh, masquerading as a human being.

84 posted on 10/18/2007 11:03:19 AM PDT by Abundy
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To: robertpaulsen
the Second amendment refers to a "well regulated state Militia"

Ah, the crux of the problem. You seem to have a different copy of the Bill Of Rights than everyone else here. Our copy does not say "well regulated state Militia", it says "well regulated Militia" and then goes on to indicate how that's something good for a State, which does not in any way indicate that the State is the topmost controlling authority of the Militia being referred to.

85 posted on 10/18/2007 11:04:13 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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To: robertpaulsen
"It does not read "state Militia"."

Correct. But that's what it's referring to.

No it isn't you retard.

"and my neighbors and I are quite capable of being "well regulated"

Nice try.

You truly are a jackass.

86 posted on 10/18/2007 11:05:28 AM PDT by Abundy
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To: robertpaulsen
Oh. The right to self defense with a weapon is a state issue. I support it.

You don't even understand the basic premises of our system of government.

87 posted on 10/18/2007 11:07:03 AM PDT by Abundy
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To: beltfed308
"The classes of the militia are -- (1) the organized militia ... and (2) the unorganized militia ..."

Where does the State Defense Force (State Guard) fit in? About half the states have one.

88 posted on 10/18/2007 11:07:03 AM PDT by robertpaulsen
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To: robertpaulsen
I'm simply saying the second amendment doesn't apply to them, that's all.

Why not? They're a militia. Congress has declared them a majority part of "the militia". The Constitution refers to "the militia" with no narrower specification thereof. By what divine revelation do you deem them not worthy to enjoy the 2nd Amendment?

89 posted on 10/18/2007 11:16:00 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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To: Dr.Syn

This thread has been totally hijacked. There are those of us who know about the right to keep and bear arms, and how that right has been corrupted. Then there are those who use weasel words and sophistry to attack that very nearly absolute right. I’m glad you’re on our side.

The bottom line is we don’t need approval from any government to defend ourselves; we never have and we never will. And there does not need to be any debate about it. That debate closed around 1776, before any Constitution was conceived.

It is OUTRAGEOUS that the man in the article was so abused by the local “authorities.” And if incidents such as the one described in the article continue, I am confident that they will be answered appropriately.


90 posted on 10/18/2007 11:16:06 AM PDT by Unknowing (Now is the time for all good men to come to the aid of their country.)
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To: robertpaulsen

The State Defense Force aka State Guard aka State Militia, which you insist are the only ones enjoying the 2nd Amendment, fit in part (2) because they are not part of the National Guard or other enumerated groups.

Interestingly, it is precisely this part (2) which you firmly allege are not part of “the militia” enjoying the protections of the 2nd Amendment.

Ergo, the only group which you contend enjoy the 2nd Amendment are ipso facto a subset of a group which does not enjoy the 2nd Amendment.

You lose by your own argument.


91 posted on 10/18/2007 11:20:35 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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To: robertpaulsen
Where does the State Defense Force (State Guard) fit in? About half the states have one.

Those would be organized state militia. It still doesn't preclude the unorganized militia that still exists in EVERY state for defense of state or country. Incidentally the 2nd makes no reference to just organized and addresses both classes defined as militia. The definitions haven't been changed and still apply.

92 posted on 10/18/2007 11:21:29 AM PDT by beltfed308 (Rudy: When you absolutely,positively need a liberal for President.)
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To: Dr.Syn

IArp

stinkupthethreadfest began without me =0(


93 posted on 10/18/2007 11:26:32 AM PDT by woollyone (tazers are the 21st century version of the rusty bed frame, car battery, transformer & clamps)
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To: groanup
"So the 2A protects mortar and howitzer weapons but not .22’s."

According to the Miller court, the second amendment protects weapons which are "part of the ordinary military equipment or that its use could contribute to the common defense". (BTW, the M-16 and the M-4 use a .223)

The particular weapons would be decided by each state.

94 posted on 10/18/2007 11:29:54 AM PDT by robertpaulsen
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To: ctdonath2

I was a minute late but we are on the same page.


95 posted on 10/18/2007 11:29:58 AM PDT by beltfed308 (Rudy: When you absolutely,positively need a liberal for President.)
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To: EdReform

See post 56, commas and all.


96 posted on 10/18/2007 11:30:15 AM PDT by groanup
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To: Unknowing
This thread has been totally hijacked.

Indeed it has. If you will review posting history, you will see that any time RP joins a thread discussing the 2ndA, the thread is immediatly derailed and becomes a shouting match between him profusely spouting a view which is almost universally deemed absurd (even by "collective right" proponents), and a whole lotta people pointing out numerous flaws in the argument, which he derides or ignores. This goes on until his arguments are thoroughly skewered, at which points he seems to declare success and leaves to derail another thread.

I have repeatedly tried to draw this problem to the attention of Moderators, who have apparently done nothing.

97 posted on 10/18/2007 11:30:31 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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To: robertpaulsen
The particular weapons would be decided by each state.

By your reasoning the national defense would be answered with electric tanks from Kalifornia. If they so chose

Rediculous!

98 posted on 10/18/2007 11:36:09 AM PDT by beltfed308 (Rudy: When you absolutely,positively need a liberal for President.)
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To: groanup
"An expert on English grammar and usage seems to disagree with you."

No, we agree. The right is assumed to exist and to be unconditional.

The protection of that right by the second amendment, however, is limited to "the people". Strange that this so-called expert on English grammar and usage never did define who "the people" were.

Does it mean every person? What do you think?

99 posted on 10/18/2007 11:39:21 AM PDT by robertpaulsen
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To: Unknowing
It is OUTRAGEOUS that the man in the article was so abused by the local “authorities.” And if incidents such as the one described in the article continue, I am confident that they will be answered appropriately.

Back on topic bump!

100 posted on 10/18/2007 11:39:45 AM PDT by beltfed308 (Rudy: When you absolutely,positively need a liberal for President.)
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