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Can you imagine being denied your Constitutional Rights because you were charged with a crime that you were quickly found innocent of?
1 posted on 10/17/2007 11:48:51 AM PDT by Dr.Syn
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To: Dr.Syn

This people are monsters and can’t be trusted with upholding our laws!


2 posted on 10/17/2007 11:53:03 AM PDT by thebaron512
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To: Dr.Syn

And yet liberals (including the Mainstream Media), who treat nine of the original Amendments with the same reverence they bestow on Mao’s Little Red Book, consistently treat the Second Amendment as the flawed bastard of the Bill.
***It’s not just liberals. Free Republic has its contingent of absolutists who favor property rights over the bill of rights.


3 posted on 10/17/2007 11:53:54 AM PDT by Kevmo (We should withdraw from Iraq— via Tehran. And Duncan Hunter is just the man to get that job done.))
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To: 2nd amendment mama; Joe Brower

Bang


4 posted on 10/17/2007 11:54:57 AM PDT by EdReform (The right of the people to keep and bear Arms shall not be infringed *NRA*JPFO*SAF*GOA*SAS*RWVA)
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To: Dr.Syn
Well, this is what happens when one submits to requesting permission to exercise a constitutional right.

Obtaining a "permit" is a request to exercise the Second Amendment.

5 posted on 10/17/2007 11:55:15 AM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: Dr.Syn
"Can you imagine being denied your Constitutional Rights because you were charged with a crime"

We throw citizens in jail who are charged with a crime before their case even goes to trial. Where's the outrage?

Temporarily confiscating one's property seems to pale in comparison.

7 posted on 10/17/2007 12:09:44 PM PDT by robertpaulsen
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To: Dr.Syn
And yet liberals (including the Mainstream Media), who treat nine of the original Amendments with the same reverence they bestow on Mao’s Little Red Book, consistently treat the Second Amendment as the flawed bastard of the Bill.

They may treat the 2nd amendment as a bastard, but they ignore the 9th and 10th entirely.
8 posted on 10/17/2007 12:13:14 PM PDT by wolfpat (If you don't like the Patriot Act, you're really gonna hate Sharia Law.)
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To: Dr.Syn

10 posted on 10/17/2007 12:18:06 PM PDT by DocRock (All they that TAKE the sword shall perish with the sword. Matthew 26:52 Gun grabbers beware.)
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To: Dr.Syn

I don’t think it was ever in the Founders’ minds to ever deny a person’s right to self-protection. I think it was just absolutely a given considering the threats and needs pioneers and revolutionaries faced daily. It was probably foreign to a man of the sixteenth century that you would ever try to take away his means of self-protection.


12 posted on 10/17/2007 12:29:30 PM PDT by TheThinker (Foreign campaign contributions should be criminal. This is not democracy at work.)
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To: Dr.Syn
By making Amendment XIV a “living right”, Professor Amar justifies this dichotomy by arguing, “...given that a broad reading is a policy choice rather than a clear constitutional command, it must be functionally justified. And the mere fact that, say, the First Amendment has been read expansively is not an automatic argument for equal treatment for the Second.”

If anything, the second amendment is broader than the first. The first starts out "Congress shall make no law...". The second has no such limitation on who is prohibited from restricting the right of the people to keep and bear arms. Thus while you could argue that the first had to be expanded by the Supreme Court to apply to the other two branches of government or to the states, the second is a blanket prohibition of restriction by all levels and parts of the government from its ratification.

14 posted on 10/17/2007 12:36:18 PM PDT by KarlInOhio (May the heirs of Charles Martel and Jan Sobieski rise up again to defend Europe.)
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To: Dr.Syn; Joe Brower

I can easily imagine it, back where I lived in the P.R of Kalifornistan.

Now I live in free north Florida, and I can’t imagine it.


25 posted on 10/17/2007 1:52:42 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Dr.Syn; All

Try being a veteran with a head injury! We can have our rights trampled at a wim via the va. So I am posting this, for all to read....

“....Goverments are instututed amgon Men{and women} deriving their just powers from the consent of the goverend. That whenever any form of goverment becomes destructive of these ends, it is the RIGHT of the People to alter or to abolish it, and to institute new goverment,laying it foundation on such principles and orignanizing it powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudance, indeed will dicate that goverments long established should not be changed for light and transiet causes; and accordingly all experiance hath shown, that mankind are more disposed to suffer, while evils are sufferable, than right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same objective evinces a design to reduce them under absoluts DESPOTISM, it is their RIGHT, their DUTY, to THROW OFF such goverment, and to provide new guards for their furtue security.....”

Maybe the time is coming.....


48 posted on 10/18/2007 7:18:54 AM PDT by TMSuchman (American by birth, Rebel by choice, Marine by act of GOD!)
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To: Dr.Syn
THE UNABRIDGED SECOND AMENDMENT

by J. Neil Schulman

If you wanted to know all about the Big Bang, you'd ring up Carl Sagan, right ? And if you wanted to know about desert warfare, the man to call would be Norman Schwarzkopf, no question about it. But who would you call if you wanted the top expert on American usage, to tell you the meaning of the Second Amendment to the United States Constitution ?

That was the question I asked A.C. Brocki, editorial coordinator of the Los Angeles Unified School District and formerly senior editor at Houghton Mifflin Publishers -- who himself had been recommended to me as the foremost expert on English usage in the Los Angeles school system. Mr. Brocki told me to get in touch with Roy Copperud, a retired professor of journalism at the University of Southern California and the author of "American Usage and Style: The Consensus."

A little research lent support to Brocki's opinion of Professor Copperud's expertise.

Roy Copperud was a newspaper writer on major dailies for over three decades before embarking on a a distinguished 17-year career teaching journalism at USC. Since 1952, Copperud has been writing a column dealing with the professional aspects of journalism for "Editor and Publisher", a weekly magazine focusing on the journalism field.

He's on the usage panel of the American Heritage Dictionary, and Merriam Webster's Usage Dictionary frequently cites him as an expert. Copperud's fifth book on usage, "American Usage and Style: The Consensus," has been in continuous print from Van Nostrand Reinhold since 1981, and is the winner of the Association of American Publisher's Humanities Award.

That sounds like an expert to me.

After a brief telephone call to Professor Copperud in which I introduced myself but did not give him any indication of why I was interested, I sent the following letter:

"I am writing you to ask you for your professional opinion as an expert in English usage, to analyze the text of the Second Amendment to the United States Constitution, and extract the intent from the text.

"The text of the Second Amendment is, 'A well-regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.'

"The debate over this amendment has been whether the first part of the sentence, 'A well-regulated Militia, being necessary to the security of a free State', is a restrictive clause or a subordinate clause, with respect to the independent clause containing the subject of the sentence, 'the right of the people to keep and bear Arms, shall not be infringed.'

"I would request that your analysis of this sentence not take into consideration issues of political impact or public policy, but be restricted entirely to a linguistic analysis of its meaning and intent. Further, since your professional analysis will likely become part of litigation regarding the consequences of the Second Amendment, I ask that whatever analysis you make be a professional opinion that you would be willing to stand behind with your reputation, and even be willing to testify under oath to support, if necessary."

My letter framed several questions about the test of the Second Amendment, then concluded:

"I realize that I am asking you to take on a major responsibility and task with this letter. I am doing so because, as a citizen, I believe it is vitally important to extract the actual meaning of the Second Amendment. While I ask that your analysis not be affected by the political importance of its results, I ask that you do this because of that importance."

After several more letters and phone calls, in which we discussed terms for his doing such an analysis, but in which we never discussed either of our opinions regarding the Second Amendment, gun control, or any other political subject, Professor Copperud sent me the follow analysis (into which I have inserted my questions for the sake of clarity):

[Copperud:] "The words 'A well-regulated militia, being necessary to the security of a free state,' contrary to the interpretation cited in your letter of July 26, 1991, constitutes a present participle, rather than a clause. It is used as an adjective, modifying 'militia,' which is followed by the main clause of the sentence (subject 'the right', verb 'shall'). The to keep and bear arms is asserted as an essential for maintaining a militia.

"In reply to your numbered questions:

[Schulman:] "(1) Can the sentence be interpreted to grant the right to keep and bear arms solely to 'a well-regulated militia'?"

[Copperud:] "(1) The sentence does not restrict the right to keep and bear arms, nor does it state or imply possession of the right elsewhere or by others than the people; it simply makes a positive statement with respect to a right of the people."

[Schulman:] "(2) Is 'the right of the people to keep and bear arms' granted by the words of the Second Amendment, or does the Second Amendment assume a preexisting right of the people to keep and bear arms, and merely state that such right 'shall not be infringed'?"

[Copperud:] "(2) The right is not granted by the amendment; its existence is assumed. The thrust of the sentence is that the right shall be preserved inviolate for the sake of ensuring a militia."

[Schulman:] "(3) Is the right of the people to keep and bear arms conditioned upon whether or not a well regulated militia, is, in fact necessary to the security of a free State, and if that condition is not existing, is the statement 'the right of the people to keep and bear Arms, shall not be infringed' null and void?"

[Copperud:] "(3) No such condition is expressed or implied. The right to keep and bear arms is not said by the amendment to depend on the existence of a militia. No condition is stated or implied as to the relation of the right to keep and bear arms and to the necessity of a well-regulated militia as a requisite to the security of a free state. The right to keep and bear arms is deemed unconditional by the entire sentence."

[Schulman:] "(4) Does the clause 'A well-regulated Militia, being necessary to the security of a free State,' grant a right to the government to place conditions on the 'right of the people to keep and bear arms,' or is such right deemed unconditional by the meaning of the entire sentence?"

[Copperud:] "(4) The right is assumed to exist and to be unconditional, as previously stated. It is invoked here specifically for the sake of the militia."

[Schulman:] "(5) Which of the following does the phrase 'well-regulated militia' mean: 'well-equipped', 'well-organized,' 'well-drilled,' 'well-educated,' or 'subject to regulations of a superior authority'?" [Copperud:] "(5) The phrase means 'subject to regulations of a superior authority;' this accords with the desire of the writers for civilian control over the military."

[Schulman:] "(6) (If at all possible, I would ask you to take account the changed meanings of words, or usage, since that sentence was written 200 years ago, but not take into account historical interpretations of the intents of the authors, unless those issues can be clearly separated."

[Copperud:] "To the best of my knowledge, there has been no change in the meaning of words or in usage that would affect the meaning of the amendment. If it were written today, it might be put: "Since a well-regulated militia is necessary tot he security of a free state, the right of the people to keep and bear arms shall not be abridged.'

[Schulman:] "As a 'scientific control' on this analysis, I would also appreciate it if you could compare your analysis of the text of the Second Amendment to the following sentence,

"A well-schooled electorate, being necessary to the security of a free State, the right of the people to keep and read Books, shall not be infringed.'

"My questions for the usage analysis of this sentence would be,

"(1) Is the grammatical structure and usage of this sentence and the way the words modify each other, identical to the Second Amendment's sentence?; and

"(2) Could this sentence be interpreted to restrict 'the right of the people to keep and read Books' _only_ to 'a well-educated electorate' -- for example, registered voters with a high-school diploma?"

[Copperud:] "(1) Your 'scientific control' sentence precisely parallels the amendment in grammatical structure.

"(2) There is nothing in your sentence that either indicates or implies the possibility of a restricted interpretation."

Professor Copperud had only one additional comment, which he placed in his cover letter: "With well-known human curiosity, I made some speculative efforts to decide how the material might be used, but was unable to reach any conclusion."

So now we have been told by one of the top experts on American usage what many knew all along: the Constitution of the United States unconditionally protects the people's right to keep and bear arms, forbidding all governments formed under the Constitution from abridging that right.

As I write this, the attempted coup against constitutional government in the Soviet Union has failed, apparently because the will of the people in that part of the world to be free from capricious tyranny is stronger than the old guard's desire to maintain a monopoly on dictatorial power.

And here in the United States, elected lawmakers, judges, and appointed officials who are pledged to defend the Constitution of the United States ignore, marginalize, or prevaricate about the Second Amendment routinely. American citizens are put in American prisons for carrying arms, owning arms of forbidden sorts, or failing to satisfy bureaucratic requirements regarding the owning and carrying of firearms -- all of which is an abridgement of the unconditional right of the people to keep and bear arms, guaranteed by the Constitution.

And even the American Civil Liberties Union (ACLU), staunch defender of the rest of the Bill of Rights, stands by and does nothing.

it seems it is up to those who believe in the right to keep and bear arms to preserve that right. no one else will. No one else can. Will we beg our elected representatives not to take away our rights, and continue regarding them as representing us if they do? Will we continue obeying judges who decide that the Second Amendment doesn't mean what it says it means but means whatever they say it means in their Orwellian doublespeak ?

Or will be simply keep and bear the arms of our choice, as the Constitution of the United States promises us we can, and pledge that we will defend that promise with our lives, our fortuned, and our sacred honor ?

(C) 1991 by The New Gun Week and Second Amendment Foundation. Informational reproduction of the entire article is hereby authorized provided the author, The New Gun Week and Second Amendment Foundation are credited. All other rights reserved.

About the Author

J. Neil Schulman is the award-winning author of novels endorsed by Anthony Burgess and Nobel-economist Milton Friedman, and writer of the CBS "Twilight Zone" episode in which a time-traveling historian prevents the JFK assassination. He's also the founder and president of SoftServ Publishing, the first publishing company to distribute "paperless books" via personal computers and modems.

Most recently, Schulman has founded the Committee to Enforce the Second Amendment (CESA), through which he intends to see the individual's right to keep and bear arms recognized as a constitutional protection equal to those afforded in the First, Fourth, Fifth, Ninth and Fourteenth amendments.

56 posted on 10/18/2007 8:04:16 AM PDT by groanup
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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: Dr.Syn
I'm just going to hop in here with a response to #1 since this has degraded so much.

One argument that RP seems to be implying is that the term "regulated" is meant to explain the need for gun "control" or someone appointed by a governmental entity to "control" these bands of brothers and common neighbors. There have been numerous forays into this from a historical linguistics standpoint, and the general concensus is that the word regulated in reference to the Second Amendment is meant to convey the idea that the mustering of the militia would provide local protections by a group of able-bodied individuals who are well regulated with there weapons insomuch as their weapons are in proper working order and the individuals are thoroughly knowledgeable of the functionality of their weapon and how to properly and accurately fire it.

reg·u·late
tr.v. reg·u·lat·ed, reg·u·lat·ing, reg·u·lates
1. To control or direct according to rule, principle, or law.
2. To adjust to a particular specification or requirement: regulate temperature.
3. To adjust (a mechanism) for accurate and proper functioning.
4. To put or maintain in order: regulate one's eating habits.

Also take a moment to read the Federalist Papers. They are the most under-utilized pieces of history in the debates of our modern times. If half of the Democratic party read and pledged to uphold the actual ideas of the founding fathers, and then they read the Federalist papers... they would probably implode upon themselves and become Republicans at the event horizon.

From Federalist Paper #29 (Alexander Hamilton)
"The project of disciplining all the militia of the United States is as futile as it would be injurious, if it were capable of being carried into execution. A tolerable expertness in military movements is a business that requires time and practice. It is not a day, or even a week, that will suffice for the attainment of it. To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss. It would form an annual deduction from the productive labor of the country, to an amount which, calculating upon the present numbers of the people, would not fall far short of the whole expense of the civil establishments of all the States. To attempt a thing which would abridge the mass of labor and industry to so considerable an extent, would be unwise: and the experiment, if made, could not succeed, because it would not long be endured. Little more can reasonably be aimed at, with respect to the people at large, than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year.

He states assembly once or twice a year, which I would wholly agree to if it wouldn't be made into a media spectacle every time the "gun nuts" gathered together for military exercises.

Mr. Paulson, I respect your opinion, but I think your arguments are hollow, at best. You seem more interested in raising the hackles of the same people who would undoubtedly come to your aid and rescue in the event of an attack wherein you were not able to defend yourself. I would personally suggest you choose your words with much regulation, as you are slowly spinning out of control with the arguments herein.

130 posted on 10/18/2007 6:45:12 PM PDT by rarestia ("One man with a gun can control 100 without one." - Lenin / Molwn Labe!)
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