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REDO THE FIRST TWO AMENDMENTS
BOSTON GLOBE ^ | 16 DECEMBER 2021 | MARY ANNE FRANKS

Posted on 12/16/2021 4:12:50 PM PST by Extremely Extreme Extremist

Speech and guns: two of the most contentious issues in America today, with controversies fueled not only by personal passions and identity politics but by competing interpretations of the Constitution. Perhaps more than any other parts of the Constitution, the First and Second Amendments inspire religious-like fervor in many Americans, with accordingly irrational results.

As legal texts go, neither of the two amendments is a model of clarity or precision. More important, both are deeply flawed in their respective conceptualizations of some of the most important rights of a democratic society: the freedom of expression and religion and the right of self-defense. These two amendments are highly susceptible to being read in isolation from the Constitution as a whole and from its commitments to equality and the collective good. The First and Second Amendments tend to be interpreted in aggressively individualistic ways that ignore the reality of conflict among competing rights. This in turn allows the most powerful members of society to reap the benefits of these constitutional rights at the expense of vulnerable groups. Both amendments would be improved by explicitly situating individual rights within the framework of “domestic tranquility” and the “general welfare” set out in the Constitution’s preamble.

(Excerpt) Read more at apps.bostonglobe.com ...


TOPICS: Reference; Society
KEYWORDS: 2ndamendment; banglist; boston; bostonglobe; maryannefranks; massachusetts; mediawingofthednc; nra; panicporn; partisanmediashill; partisanmediashills; secondamendment
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To: Extremely Extreme Extremist

Ummm - hell no!


61 posted on 12/16/2021 4:55:52 PM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: Extremely Extreme Extremist
As legal texts go, neither of the two amendments is a model of clarity or precision

What utter, ridiculous nonsense. The Constitution and the Bill of Rights are the most succinct, shortest, and clear statements of what a government can and cannot do ever written by man.

We can't help it if Mary Anne is too stupid to understand that.

It sounds like she's arguing that preposterous Obama position that the Constitution is a "charter of negative liberties."

62 posted on 12/16/2021 4:59:23 PM PST by ProtectOurFreedom (81 million votes...and NOT ONE "Build Back Better" hat)
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To: Extremely Extreme Extremist

Let’s go, Mary Anne Franks!


63 posted on 12/16/2021 5:07:06 PM PST by Southside_Chicago_Republican (The more I learn about people, the more I like my dog. )
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To: Extremely Extreme Extremist

If the first would be changed then this idiot probably would not be able to write this trite garbage.


64 posted on 12/16/2021 5:12:29 PM PST by spel_grammer_an_punct_polise (Land is simply a place I visit until I can return to the sea.)
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To: seowulf
Start messing with the first and second amendments and someday she’ll be writing “The Diary of Mary Anne Franks” in someone’s attic.

Yep.

The communists will always use the "intellectual class" such as lawyers and college professors to indoctrinate the current generation of youth in socialism.

Then that generation is turned against those very same "intellectuals" by accusations that the intellectuals believe themselves to be above the common workers.

We are seeing a that now with kids still in college calling for firing of teachers and professors that do not submit to their demands of behavior and speech.

Once the communists have the higher educated out of the way the process is repeated by dropping to a lower age group which is elementary and high-school children being indoctrinated to attack at a level lower than the educated.

It is no longer by profession and education, but by race.

If this is brought to full capacity, undoing it is going to be absolutely ugly.

.

65 posted on 12/16/2021 5:14:04 PM PST by TLI (ITINERIS IMPENDEO VALHALLA)
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To: Extremely Extreme Extremist

How about commies push daisies instead?


66 posted on 12/16/2021 5:15:27 PM PST by mrmeyer (You can't conquer a free man; the most you can do is kill him. Robert Heinlein)
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To: ealgeone

Or Vice President.


67 posted on 12/16/2021 5:20:57 PM PST by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: ealgeone; SunkenCiv; Red Badger; Liz; LS; BenLurkin; Kaslin; Lazamataz

“Bodily autonomy” = “Right to Abort Children under ALL circumstances” in her eyes.

BUT! The State has their “rightZZ” to force me to take an injection, doesn’t it?

And “I” cannot be allowed to discuss either case!


68 posted on 12/16/2021 5:21:53 PM PST by Robert A Cook PE (Method, motive, and opportunity: No morals, shear madness and hatred by those who cheat.)
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To: ealgeone

The second amendment isn’t just about self defense it’s about reining in an out of control government.🤔


69 posted on 12/16/2021 5:26:22 PM PST by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: TLI
Then that generation is turned against those very same "intellectuals" by accusations that the intellectuals believe themselves to be above the common workers.

Quod vide, Cambodia and the killing fields among many others.

It's a pattern that happens so often, I think it has to be part of our worst human nature.

70 posted on 12/16/2021 5:28:51 PM PST by seowulf (Civilization begins with order, grows with liberty, and dies with chaos...Will Durant)
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To: absalom01

Exactly!


71 posted on 12/16/2021 5:30:58 PM PST by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: Extremely Extreme Extremist

Fuck these ideas. She is a communist. The only good communist is a dead communist. Which makes everything better for everybody in the long run.


72 posted on 12/16/2021 5:33:45 PM PST by Kangarew
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To: BobL

I’d remove the militia sub clause from 2A so it simply reads that the right of the people to keep and bear arms shall not be infringed. Let them try to fudge that statement.


73 posted on 12/16/2021 5:34:53 PM PST by Orosius
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To: seowulf
It's a pattern that happens so often, I think it has to be part of our worst human nature.

I have recently noted that the nature of progs is to demand control and be oblivious to the death of those that object.

From the victims of fascists in the early 20th century, the Nazis, Cambodia, Burma, recently here with the calls to withhold health care from the new Jew, the no-vaxxed, the draconian measures of Austria and other European nations, on and on there is always a minority percentage of the population displaying the traits of psychopathic control freaks.

If one looks at the conflicts between Jesus and the scribes and Pharisees of that time you see the same exact attitudes and actions as the current crop of progs.

They have always had to be stopped.

.

74 posted on 12/16/2021 5:44:37 PM PST by TLI (ITINERIS IMPENDEO VALHALLA)
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To: Extremely Extreme Extremist

I would be for it

If I could rewrite them

Or Clarence Thomas could, for me


75 posted on 12/16/2021 5:47:35 PM PST by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: Extremely Extreme Extremist

Mary Anne Franks is the Michael R. Klein Distinguished Scholar Chair at the University of Miami School of Law and the author of “The Cult of the Constitution: Our Deadly Devotion to Guns and Free Speech.”
...................................................
This ignorant Madonna of the Radical Left would like government to reinterpret the Bill of Rights to deny American citizens the right of free speech and the right to own and bear arms. Typical ideological sycophant of dictators and tyrants of the past and the present.


76 posted on 12/16/2021 5:58:15 PM PST by fortes fortuna juvat
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To: Lurker

Correct. Sorry ladies.


77 posted on 12/16/2021 6:34:37 PM PST by Nuc 1.1 (Liberals aren't Patriots. Remember 1789!)
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To: BiteYourSelf

When I mention that to Libs their heads explode. They claim we don’t have to worry about the government ever trying to do that. I tell them I know. Because we have the Second Amendment.


78 posted on 12/16/2021 6:52:36 PM PST by ealgeone
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To: Jim Noble

Liberals love to spout off about equality until they have to deal with people who disagree with them.
Some people, of course, are more equal than others.


79 posted on 12/16/2021 7:43:59 PM PST by telescope115 (Proud member of the ANTIFAuci movement. )
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To: Extremely Extreme Extremist

Allow me to respond with two words published instantly for the world to read:

Molon labe.


80 posted on 12/16/2021 7:50:49 PM PST by ctdonath2 (Statistics don't matter when they happen to you.)
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