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Re: that is a separate discussion Legolas Send a noteboard - 01/07/2010 09:31:55 AM
first, how do you know what the authors of the Constitution and the Bill of Rights did or did not intend when they drafted the Second Amendment? Many believe they viewed forbidding private citizens from owning weapons as the first step to tyranny.

Yes, that might be why they wrote that Second Amendment and talked about establishing militia. I'm not really sure how that's supposed to be a counter-argument to what I said... on the contrary, it looks like you're agreeing with me. Those who want to own guns nowadays don't generally use "we need to use them in our militia against the government" as a reason, largely because doing so would get them into trouble with the FBI, and for good reason. People's motivations nowadays are mostly about self-defense against criminals, or hunting, things that aren't mentioned at all in the Second Amendment. While what IS mentioned in the Second Amendment - "A well regulated militia being necessary to the security of a free State" - is in fact completely obsolete.
Second, I'm sorry but it is not contradictory to look askance at the continual strengthening of powers of the central government yet at the same time not want local law to be able to supersede the Constitution. I would expect the Supreme Court to overrule any attempt by a city like Chicago or Washington DC to enact a law that inhibits freedom of speech, of the press, of religion, etc. That too is not incompatible with a traditionally conservative view of government. I completely and totally disagree with your characterization of "having your cake and eating it too."

You misunderstand. Which is odd, because I figured I'd been clear enough, perhaps even to the point of offensive bluntness. The contradiction I was talking about had little to do with the strengthening or weakening of the central government in se. It's about how you have to be consistent in your approach to the Constitution. If the Second Amendment can be reinterpreted in ways that have nothing to do with the original Amendment anymore, the same goes for the other Amendments. There seem to be many Americans who prefer interpreting the Constitution narrowly and who frown on interpretations that go in directions the authors obviously never intended, but somehow they make that huge exception for the Second Amendment because that's convenient for them.

If the Supreme Court ever starts interpreting the Second Amendment the way it's actually written, it would have to strike down the bans on civilians owning heavy weapons suitable for actual use against armed forces, which nobody seriously wants and most people would oppose - rightly so, of course. There is nothing wrong with taking a pro-gun stance while maintaining common sense and forbidding civilians from owning that kind of weapons. But just stop trying to pretend that that stance is somehow written in the Constitution and hence sacred, because it's not.
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Interesting on many levels. - 29/06/2010 10:27:30 AM 134 Views
Probably the right ruling. - 29/06/2010 08:30:02 PM 138 Views
~sighs~ - 30/06/2010 02:23:21 AM 126 Views
Let's be serious, plenty of supposed constitutional rights nowadays were not intended that way. - 30/06/2010 11:31:01 AM 133 Views
that is a separate discussion - 01/07/2010 05:05:27 AM 126 Views
Re: that is a separate discussion - 01/07/2010 09:31:55 AM 122 Views
My first reading of the article indicated... - 30/06/2010 02:50:33 PM 125 Views
yes, you were wrong - 01/07/2010 04:48:17 AM 118 Views

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