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Spin Zone / Re: Never Let a Crisis Go to Waste
« on: October 05, 2017, 03:14:24 PM »
I have some issues with 'reasonable' restrictions. While I understand the concept that not all rights can be unlimited, the 2nd amendment is one of those rights where there are two glaring problems with judicial activism.
A) Any rights restriction based by a court is to protect the rights of others, so that all are not harmed. The prototypical "FIRE!" in a crowded theater presents a clear, immediate danger to others. Restrictions like this have a rights-based defense. In the case of the 2nd amendment, the number, type, and quality of weaponry owned by John Doe has no affect on his neighbor Jane Smith. John Doe should be allowed to have the arsenal he can afford, control, and maintain. We might as consideration of being fair, prohibit the ownership of NBC type capable weapons by the populace, due to the nature of their special handling, and potential for catastrophic failure.
B) Read how all the BOR amendments are written. Then - go back and read the text of the 2nd amendment again. First, unlike any other amendment, the framers thought it was necessary to give an explanation of the right of self-defense: A well regulated militia, being necessary to the security of a free State. In this statement, they are telling their future legislators and judges just why we are writing this. The 4th amendment uses the word 'unreasonable' in it. Allowing of course the warrant for specific things for a specific cause. The 5th is boilerplate. Not very exciting, or strange there. 1st gives a little bit of wiggle room where it says 'congress shall make no law'... That doesn't mean they can't sway, or endorse, or petition, or opine about religious and speech freedom, it just means they can't make any law. And the courts/president are open to dig as deep into religious and speech limitations as they can, without a textual basis from congress.
Now, on to the 2nd. It is a marvel of straight-jacket restriction. It doesn't say 'congress shall make no law', it doesn't wiggle around with 'reasonable' it doesn't limit the power of the people in ANY way! 'the right of the People to keep and bear arms shall not be infringed. BAM! Right in the kisser. This is the framers, telling future govt hacks and 'crats - 'look, you can do NOTHING to the people who keep and bear arms'. Having written that, there is no method for the SCOTUS, pres, states, congress, 'crats, or anyone else to regulate arms ownership. It just doesn't exist, and the SCOTUS restrictions on any basis of 'reasonable' falls flat. It is interpretive govt, where powerful rights have been unlawfully removed from the citizenry. This is not interpretation, it isn't contextual limitation, it is flat out taking away a right which has been said to be uninfringed.
By law, from the 2nd amendment I can have as much and as big a weapon as I can afford. So long as I am a member of a militia(US citizen, able to hold, load, aim, fire a weapon, unaffiliated with another nation, and older than 16, but younger than 65) I can have a bazooka, or any other thing I can buy/make/build.
So, not a fan of 'reasonable' restriction when it comes to firearms. The restriction fails on both A and B basis.
A) Any rights restriction based by a court is to protect the rights of others, so that all are not harmed. The prototypical "FIRE!" in a crowded theater presents a clear, immediate danger to others. Restrictions like this have a rights-based defense. In the case of the 2nd amendment, the number, type, and quality of weaponry owned by John Doe has no affect on his neighbor Jane Smith. John Doe should be allowed to have the arsenal he can afford, control, and maintain. We might as consideration of being fair, prohibit the ownership of NBC type capable weapons by the populace, due to the nature of their special handling, and potential for catastrophic failure.
B) Read how all the BOR amendments are written. Then - go back and read the text of the 2nd amendment again. First, unlike any other amendment, the framers thought it was necessary to give an explanation of the right of self-defense: A well regulated militia, being necessary to the security of a free State. In this statement, they are telling their future legislators and judges just why we are writing this. The 4th amendment uses the word 'unreasonable' in it. Allowing of course the warrant for specific things for a specific cause. The 5th is boilerplate. Not very exciting, or strange there. 1st gives a little bit of wiggle room where it says 'congress shall make no law'... That doesn't mean they can't sway, or endorse, or petition, or opine about religious and speech freedom, it just means they can't make any law. And the courts/president are open to dig as deep into religious and speech limitations as they can, without a textual basis from congress.
Now, on to the 2nd. It is a marvel of straight-jacket restriction. It doesn't say 'congress shall make no law', it doesn't wiggle around with 'reasonable' it doesn't limit the power of the people in ANY way! 'the right of the People to keep and bear arms shall not be infringed. BAM! Right in the kisser. This is the framers, telling future govt hacks and 'crats - 'look, you can do NOTHING to the people who keep and bear arms'. Having written that, there is no method for the SCOTUS, pres, states, congress, 'crats, or anyone else to regulate arms ownership. It just doesn't exist, and the SCOTUS restrictions on any basis of 'reasonable' falls flat. It is interpretive govt, where powerful rights have been unlawfully removed from the citizenry. This is not interpretation, it isn't contextual limitation, it is flat out taking away a right which has been said to be uninfringed.
By law, from the 2nd amendment I can have as much and as big a weapon as I can afford. So long as I am a member of a militia(US citizen, able to hold, load, aim, fire a weapon, unaffiliated with another nation, and older than 16, but younger than 65) I can have a bazooka, or any other thing I can buy/make/build.
So, not a fan of 'reasonable' restriction when it comes to firearms. The restriction fails on both A and B basis.