Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ctdonath2
"advocating a view that most readers construe as anti-RKBA"

Do you believe a criminal has the right to remain silent? That he has a right to a public attorney at no charge? That he has a right to a trial by jury? That if evidence that would convict him was obtained without a warrant, that evidence cannot be used even it means he goes free?

If you believe that, let me ask you. Why are you pro-crime? Why do you advocate we coddle criminals -- are you some sort of namby-pamby, bleeding heart liberal? Or are you a felon? When did you get out of prison?

Why are you even on this forum with that attitude? We're tough on crime here at FR. You don't belong.

"- every state that does not explicitly protect RKBA in their constitution could, tomorrow, pass a law banning guns entirely? - every state that does explicitly protect RKBA in their constitution could, tomorrow, pass a state-constitutional amendment repealing that protection, and the next day pass a law banning guns entirely?"

I just answered that. Short term memory loss?

"- the feds could, tomorrow, pass a law limiting militia membership to Irish-descended midgets?"

That would be unconstitutional, violating their due process.

"- the feds could, tomorrow, pass a law banning all firearms except muskets?"

I have no idea where they would get the power to do so. Can you tell me where you think they would? Otherwise this hypothetical is a complete waste of my time.

"- the feds could, tomorrow, pass a law limiting possession and use of legal firearms (at this point, only muskets) to militia members (at this point, only Irish-descended midgets) when actually called out by the President?"

Nope. For the reasons I just gave.

OK. I answered your questions. Answer mine. When it was ratified in 1791, do you think the second amendment protected the right of all individuals in the United States to keep and bear arms? It says "the people".

Please explain why there were exceptions back then, but why there should be no exceptions today? Being a namby-pamby, bleeding heart liberal that coddles criminals, I guess you think we have a "living constitution" that we can change whenever we want?

56 posted on 08/12/2007 5:56:15 AM PDT by robertpaulsen
[ Post Reply | Private Reply | To 55 | View Replies ]


To: robertpaulsen
That would be unconstitutional, violating their due process.

Why? You keep asserting that only militia members enjoy 2nd Amendment protections, and that the feds get to define the militia. You won't accept that "the right of THE PEOPLE to keep and bear arms shall not be infringed" actually applies to all people, save only those specifically and individually adjudicated otherwise. (Which leads to answering your sarcastic previous questions: those rights are a matter of the adjudication process, starting from first principle "innocent until proven guilty" and protecting the innocent while discerning the guilty.)

Short term memory loss?

No, just giving you an opportunity to confirm or deny that you do, indeed, think a majority can vote away the rights of a minority - which admittedly you have made clear you believe and defend. Even a state constitution is subject to a mere vote of alteration; in your assertions there is no "natural right of RKBA".

I have no idea where they would get the power to do so.

In 922(o), the feds have banned a category of arms entirely suitable, even central, to militia use and national defense. If you can't explain what's wrong with that prohibition, then it is a very short step to banning pretty much all other arms, and optionally stopping at the "the Founding Fathers had muskets, so that's all you can have" line.

For the reasons I just gave.

You gave evasions, not reasons.

You hold that:
- the feds get to define who is in the militia
- the only "people" who may enjoy the 2nd Amendment are the militia members as defined
- states which do not explicitly protect RKBA in their constitutions can, by popular vote, outlaw individual ownership of arms
- states which do explicitly protect RKBA in their constitutions can, per state constitutional process, repeal that protection and then promptly execute the prior point
- the feds can prohibit categories of weapons, without limit short of total prohibition of all firearms (say, ban everything but muskets)

These are the interpretations people get of your assertions. Now, without insulting me, please articulate the misunderstandings in the above points.

58 posted on 08/12/2007 1:29:21 PM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
[ Post Reply | Private Reply | To 56 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson