The Most Important Amendment

We all know the term "The Bill of Rights" which are the first 10 amendments to the U.S. Constitution although few of us (including me) could name them.

Hint: None of them start "Thou shalt not …" Rather they tend to start "The Government (or Congress) shalt not …" Keep that in mind.

The First Amendment is a catch-all of rights upon which the Congress may not trample: It protects an individual's freedom of speech, freedom of religion, and freedom of the press, as well as the right to assemble and to petition the government.

The American press corps is very, very focused on the First Amendment and will go to great lengths to make sure that right is not diminished.

Similarly the Fifth Amendment is often a show stopper. The money clause in the Fifth Amendment is, of course the clause against self incrimination.

In practice, according to Black's Law Dictionary, the Fifth Amendment "requires the government to prove a criminal case against the defendant without the aid of the defendant as a witness against himself."

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

This was dropped in to protect the notion of "Federalism" and might have been attempting to strike a balance between an all-powerful central government (read, George III) and a totally useless central government (read, Articles of Confederation).

The Amendment that is on everyone's lips these days is, of course, the Second: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

We walked through those to show the vast range of protective language the founders found necessary to include even after they had finished the body of the Constitution itself.

There are no unfettered rights. As we have discussed many times, the First Amendment does not protect your right to "falsely shout 'fire' in a crowded theater" (as Justice Oliver Wendell Holmes is often quoted has having written in U.S. v. Schenck).

Anyone who as ever watched more than a few frames of a CSI episode knows that the Fifth Amendment prohibition against self-incrimination can be overturned by almost any judge issuing a warrant that allows the police to take a cheek swab to get your DNA.

The Second Amendment doesn't mean that any device that fires a projectile through a barrel as the result of a chemical reaction (known in higher scientific circles as "going boom") is protected.

Howitzers, for instance, are not protected. Nor are .50 caliber machine guns, among others.

Watching cable news chat shows tells us how important that Freedom of Speech thing is. The ownership of a network might, under public pressure, remove a host for what it considers to be egregious speech, but the government can't do it.

In the early days of the Iraq War a Country group called the Dixie Chicks publicly denounced the war in general and President George W. Bush in particular leading to radio stations around the country to stop pushing their songs and former fans to stop attending their songs.

You didn't have to like what the Dixie Chicks said, but you were limited in what you could to do express that dissatisfaction. Demanding the government toss them in the slam is not among them.

Compare and contrast to Vladimir Putin's reaction to a girl group in Moscow having put on an impromptu concert in opposition to his government. Into the Slaminski they went.

The battle over the Second Amendment will, in spite of a well-orchestrated effort to diminish or remove it by the American Left, end the same way the battle over the First and Fifth Amendments ended during the "Hollywood Black Listing" days of the late 1940s - early 1950s in spite of the overwhelming desire for the American Right to limit them.

When it comes down to it, the most important Amendment in the Bill of Rights is any Amendment with which you, or I disagree. That means someone else's rights are being protected - against you or me

Which article in the original constitution is the 2nd amendment actually amending?

It is not "amending" any. It was added because some states refused to ratify the Constitution unless certain restrictions on the Federal government were spelled out. Their fears have been confirmed on numerous occaisions since.

We were at odds as to what a well regulated militia really is.

Perhaps this will help:

... the Framers understood all of the people to be part of the unorganized militia. The unorganized militia members, "the people," had the right to keep and bear arms. They could, individually, or in concert, "well regulate" themselves; that is, they could train to shoot accurately and to learn the basics of military tactics.
This interpretation is in keeping with English usage of the time, which included within the meaning of the verb "regulate" the concept of self- regulation or self-control (as it does still to this day)... (source)

But in fact, the "militia" portion of the Amendment is not necessary to secure or modify the right. It is simply an explanation of "why". How does the right change if the verbiage of the initial phrase is changed even to something as silly as this?...

"~~A well regulated militia, being necessary to the security of a free state~~ The moon, being made out of green cheese, the right of people to keep and bear arms, shall not be infringed."

See? It doesn't. It is a right of the people, and not to be infringed upon by any means.

Most states have identical or similar language in their individual constitutions as well.

Bottom line? This is an unConstitutional power grab by the federal government and should be opposed as such!

I had a discussion the other day with someone who is very anti-gun and of course the 2nd Amend came up. We were at odds as to what a well regulated militia really is.

Grab a copy of your State Constitution and look it up; *most* states have an article or section defining the militia. New Mexico, for example:

ARTICLE XVIII -- Militia Section 1. [Composition, name and commander in chief of militia.] The militia of this state shall consist of all able-bodied male citizens between the ages of eighteen and forty-five, except such as are exempt by laws of the United States or of this state. The organized militia shall be called the "national guard of New Mexico," of which the governor shall be the commander in chief.

Which article in the original constitution is the 2nd amendment actually amending? I’m not a constitutional scholar, so I couldn’t answer. I’d appreciate some freeper inputs.

It's not necessarily amending a particular article, section, or clause of the unamended Constitution; the Bill of Rights were requisite for the Constitution's ratification and say this about themselves:

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

So you mean a civilian can shoot and kill a person with a howitzer, or even a tank?

To paraphrase what I believe -Legitimate defense can be not only a right but a grave duty for one who is responsible for the lives of others. The defense of the common good requires that an unjust aggressor be rendered unable to cause harm. If a man in self-defense uses more than necessary violence, it will be unlawful: whereas if he repels force with moderation, his defense will be lawful. It is not necessary for salvation that a man omit the act of moderate self-defense to avoid killing the other man, since one is bound to take more care of one's own life than of another's.

In summary -legitimate and effective self-defense requires at a minimum arms that are proportionate to the arms being employed against one. The decision as to what is proportionate and required for self defense is an individual and subjective one.

Finally, self defense is not a crime. To suggest limiting self defense would prevent crime is EXACTLY what the left promotes now in the gun control 'debate'.

There is no limit and there is no crime UNTIL there is a crime. Criminals should be punished; however, the right to self defense should not be infringed even when good is intended -good intentions do not justify illegitimate means.

Looks like a good movie, but I have no use for Netflix. I might order or rent it from Amazon, though

Now here is the Plot summary

US Army Command Sergeant Major Zack Carey (played by Garner) is about to retire from the military after taking his last post, in rural Georgia (loosely based on Fort Benning and filmed there, as well as the small town of Zebulon, GA). Despite being offered the position of Sergeant Major of the Army, he insists he just wishes to finish his tour and retire in peace to spend time with his family. Several years earlier, his older son had been killed in an accident, and his relationship with his only surviving son, Billy (played by Howell), is strained. He is quickly shown to be a tough but fair NCO, who quickly earns the respect and admiration of his troops.

Zack owns a vintage Sherman tank from World War II that he has restored with his son's help, and he uses it for parades and public relations. While visiting an off-base bar, he sees a deputy sheriff (James Cromwell) beat a hooker named Sarah (Jenilee Harrison) and defends her. Unfortunately, Sarah had been forced into prostitution by Cyrus Buelton, the corrupt sheriff (G. D. Spradlin). Sheriff Buelton tries to arrest Sgt. Major Carey, but finds his jurisdiction won't let him touch him while he's on the base, which is Federal territory. To get revenge on Carey, Sheriff Buelton frames Billy for drug possession by planting marijuana in his gym locker at school.

Sheriff Buelton offers to drop the charges, if Sgt. Major Carey would give the Sheriff a hefty bribe, approximately equal to his retirement savings. However, Zack's wife, LaDonna (Shirley Jones) refuses to take part in "good old boy" justice and calls a lawyer. The lawyer is thrown into jail himself on trumped-up contempt of court charges, Billy is put on trial immediately and is promptly found guilty and sentenced to several years of hard labor at the county work farm. LaDonna, finally realizing the depths of Sheriff Buelton's cruelty, goes to Carey and tells him what happened. When Sgt. Major Carey tries to offer the bribe, Buelton accepts the money, but refuses to release his son, simply stating that it will prevent him from being shot "accidentally" or while "attempting to escape", or from being raped by other inmates – temporarily.

Carey decides to take matters into his own hands, and climbs into his vintage tank. To prevent the police from following him immediately, he destroys the local jail & police station, shoots the local telephone exchange, and destroys the parked police cars with his tank's cannon. He then liberates Billy (and all the other prisoners) from the county work farm and takes him, as well as Sarah, away. Once away from town and the jail, he reveals his plan: to escape to Tennessee, where they can get a fair hearing in a court of law regarding extradition, which will at least be a fair hearing instead of the kangaroo court that Billy received in Georgia.

The matter quickly escalates. Sheriff Buelton demands military intervention from Carey's commanding officer, but the commander points out that Carey had already retired from the Army, so he's broken no military law (other than breaking a small section of fence to leave the base); he hasn't stolen the tank, which is legally his; and all his violations are of civilian law. He also happily points out the Posse Comitatus Act, prohibiting him from providing any military aid to civilian law enforcement. In a running joke of the movie, Sheriff Buelton does not understand the name of the act, and thinks he's being called a "pussy communist".

Through a long series of chases and evasion through rural Georgia, including being aided by relatives of people he broke out of jail earlier, the tank and its crew quickly become folk heroes throughout the country. Despite Sheriff Buelton insisting they are criminals, the nation rallies behind them as a sort of modern-day Robin Hood, meaning the Sheriff has little public support for his hunt for the tank. On the Tennessee side of the line, thousands of people gather to welcome the tank. Meanwhile, LaDonna has had a personal audience with the Governor of Tennessee, managing to get a formal guarantee that they will be given a proper extradition hearing (and informally implied that they will be granted asylum).

However, a showdown brews at the Tennessee state line, where a huge crowd of supporters for the tank and its crew have gathered, including LaDonna and the Governor of Tennessee, who arrive via helicopter. However Buelton has managed to block the road with tractor-and-semi-trailer rigs and set up an ambush, including a large mud trap to inhibit the tank's freedom of movement. Using a vintage bazooka, (actually a German "Panzerschreck") Buelton manages to disable the tank within sight of the state line. However, the tank's firepower is unaffected and the Careys and Sarah are able to hold the Sheriff and his forces at bay. Carey, who had been injured earlier while attempting to repair the tank, instructs Billy and Sarah to sneak over the state line at night. They refuse. With his father going from bad to worse, Billy is even willing to surrender to Buelton in exchange for his father getting hospitalized.

Meanwhile, seeing the tank in dire straits, a motorcycle gang steals the materials to build a ramp, and one of their number jumps into the muddy field where the tank is trapped, sending them a rope (connected to a tow cable in Tennessee). Billy gets out through the escape hatch at the bottom of the tank and quickly goes to the aid of the biker with the cable, while Sarah holds the Sheriff and his posse back with the tank's machine gun. Once the tow cable is attached, the collected people on the other side of the line begin to pull the tank out of the mud. Sheriff Buelton orders his posse to open fire on the crowd, but as the deputies pull their guns, the Tennessee Highway Patrol pulls their guns on the Sheriff's men and shouts over the megaphone that if he opens fire, it will be "another Little Big Horn".

Thus the Sheriff is forced to stop the crowd another way; he and his men all run for the mud field and begin pulling on their end, resulting in a tug of war between the crowd and the posse. The crowd find themselves unable to help pull the tank free this way and decide to try something else. The posse cheers their victory, and Sheriff Buelton climbs on top of the tank and demands its occupants surrender. Zach motions to Billy to turn the tank's turret, which he does, knocking the gloating Buelton facedown into the mud. And on the other side of the state line, the tow cable is affixed to a bulldozer and the crowd renews their pulling efforts. This time, the posse's attempts to stop them are completely futile, and the tank is hauled out of the mud and over the state line to safety. LaDonna happily greets her husband and son, as well as Sarah, as they climb out of the tank to a hero's welcome by the people and the Governor of Tennessee.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.