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| Author | Topic: The Second Amendment | |||||||||||||||||||||||||||||||||||||||
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NoNukes Inactive Member |
The second amendment identifies an individual right to keep and bear arms which predates the US Constitition. Anyone who has read the Federalist Papers knows this. We know that there is an individual right to bear arms present in the second amendment. The questions are, the scope and purpose of the individual right, the application of that right to the states, and the level of constitutional scrutiny required for federal and state laws which affect or limit personal rights on guns. In other words, what guns, maintained how, and carried when? I'd be interested in discussing the federalist papers. For example in this often quote mined statement from James Madison, it seems clear that the right to bear arms is closely related to the benefits of having a state militia, with state officials in charge. Why is so obvious that Madison's statement is inconsistent with the state having the right to pass gun control laws..
quote: Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) The apathy of the people is enough to make every statue leap from its pedestal and hasten the resurrection of the dead. William Lloyd Garrison
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crashfrog Member (Idle past 2173 days) Posts: 19762 From: Silver Spring, MD Joined:
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For example in this often quote mined statement from James Madison, it seems clear that the right to bear arms is closely related to the benefits of having a state militia, with state officials in charge. I don't get that from the quote, I guess, so "clear" seems a bit of an overstatement. This seems to be Madison affirming that widespread arms ownership by the people would "speedily overturn" the despotic thrones of Europe (or, presumably, anywhere else.) The precise view so recently lampooned by some here. I don't see any support, here, for the notion that the right to arms is something Madison viewed as appropriate only for militia members. The view implied here, it seems, isn't that militia membership should be a pre-requisite for the ownership of arms, but that the popular ownership of arms is a prerequisite for being able to form a militia.
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NoNukes Inactive Member |
"clear" seems a bit of an overstatement Fair enough.
The view implied here, it seems, isn't that militia membership should be a pre-requisite for the ownership of arms, but that the popular ownership of arms is a prerequisite for being able to form a militia. Yes, but even that would tie the right to bear arms closely to the benefits of having a state militia.
The precise view so recently lampooned by some here Not quite. The idea lampooned here is that the purpose of the 2nd amendment was to empower individuals or small groups would take on the federal government and that such a need justifies individuals having matching fire power at home. Some people even expressed the idea that democracy could not exist without this matching power. Jon expanded on that idea to argue that the Wilmington Massacre was democracy in action. Those ideas are quite a bit different from a state militia using officers trained by the state of South Carolina to organize a resistance.Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) The apathy of the people is enough to make every statue leap from its pedestal and hasten the resurrection of the dead. William Lloyd Garrison
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dronestar Member Posts: 1582 From: usa Joined: Member Rating: 6.1 |
STRAG writes: Frankly if democracy is ever forcibly eliminated in the US it won't be by the government. It will be eliminated by a mass of gun nuts who decide that the elected government isn't white, homophobic or right wing enough for their tastes...... Straggler prophesized that in 2012. M'eh, . . . lucky guess.
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jar Member (Idle past 545 days) Posts: 34140 From: Texas!! Joined: |
Fortunately there are also a VERY large liberal/progressive group that are also gun owners.
Speaking of guns, this lock down/hibernation period has let me give SPA Days to many of my less often used firearms. It's been fun.
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Straggler Member (Idle past 772 days) Posts: 10333 From: London England Joined: |
Blimey. That’s a blast from the past. But yeah. The Tea Party lot as it was then or the MAGA mob mob as it is now - These are the dangerous misguided zealots who, righteous in their perverted patriotism as they are, would be most likely to take the US from democracy to despotism. Fortunately the US does seem to have survived the test of Trump with democracy intact. But it’s a reminder to us all of how these things can occur.
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dronestar Member Posts: 1582 From: usa Joined: Member Rating: 6.1 |
STRAG writes: These are the dangerous misguided zealots who, righteous in their perverted patriotism as they are, would be most likely to take the US from democracy to despotism. Fortunately the US does seem to have survived the test of Trump with democracy intact. But it’s a reminder to us all of how these things can occur. Yes, another spot-on prophesy by Straggler about the importance of ever-vigilance against tyranny in our tiny, shrinking, hatefilled world. (Strag, please PM me about tomorrow's lottery numbers). Now if you'll excuse me, . . . two men in black uniforms with arm bands are at my front door, . . . something about a "re-education camp" that I am required to attend. Seems legit, why should I question it?
quote: Edited by dronestar, : clarity
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Taq Member Posts: 10563 Joined: Member Rating: 6.3 |
jar writes: Fortunately there are also a VERY large liberal/progressive group that are also gun owners. I can confirm that. Now that Trump has claimed he can nullify the 14th Amendment with an executive order, it would seem completely in line for a future president to nullify the 2nd Amendment as well.
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Rahvin Member Posts: 4179 Joined: Member Rating: 7.6
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The pardoning of the Jan 6 insurrectionists was a message.
Trump is telling paramilitary militias and other independent armed groups that he has their back. This happened in Nazi Germany too. The anti-government militias became pseudo-official and operated outside the law to apply force and threats of force to ensure there would be no resistance to the violation of laws and norms, to ensure the "right people" were convicted or acquitted, etc. I can't resist the full force of the US government with a firearm. I can't resist the US military. I can resist the fucking Proud Boys and the so-called "Oath Keepers."-->“The human understanding when it has once adopted an opinion (either as being the received opinion or as being agreeable to itself) draws all things else to support and agree with it.” - Francis Bacon "There are two novels that can change a bookish fourteen-year old's life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs." - John Rogers “A world that can be explained even with bad reasons is a familiar world. But, on the other hand, in a universe suddenly divested of illusions and lights, man feels an alien, a stranger. His exile is without remedy since he is deprived of the memory of a lost home or the hope of a promised land. This divorce between man and his life, the actor and his setting, is properly the feeling of absurdity.” – Albert Camus "...the pious hope that by combining numerous little turds of variously tainted data, one can obtain a valuable result; but in fact, the outcome is merely a larger than average pile of shit." - Barash, David 1995... "Many that live deserve death. And some die that deserve life. Can you give it to them? Then be not too eager to deal out death in the name of justice, fearing for your own safety. Even the wise cannot see all ends." - Gandalf, J. R. R. Tolkien: The Lord Of the Rings "The last enemy that shall be destroyed is death." -->Nihil supernum --> -->
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dwise1 Member Posts: 6443 Joined: Member Rating: 6.6
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Now that Trump has claimed he can nullify the 14th Amendment with an executive order, it would seem completely in line for a future president to nullify the 2nd Amendment as well. Some years ago (I think around the 2020 campaign), an interviewee on radio with expertise on how tyrants seize and hold power stated that as Trump consolidated power he would have to end private gun ownership and take everybody's guns away from them. The reasoning was that no tyrant can afford to allow the populace to be armed out of fear of a popular uprising against him. And what's going to happen when Trump does that and tries to take the guns away from the militias he's building up now but will turn against him when he betrays them (as he has betrayed everyone else when he could turn a quick profit on it)?
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dronestar Member Posts: 1582 From: usa Joined: Member Rating: 6.1 |
Rahvin writes: Trump is telling paramilitary militias and other independent armed groups that he has their back. Well, luckily for us, the police, brave protectors of citizens and communities, have our backs . . . /s The now convicted felon, our current president, ran on platforms that he is pro-law. So the police union endorsed the current president in 2016 and 2020. Of course. On 1/6/21, the current president incited violence and harm against the capital police. Over 100 police officers were seriously injured. In Sept 2024, the Fraternal Order of Police (the largest police union) president, Patrick Yoes, said the Republican nominee "has shown time after time that he supports our law enforcement officers and understands the issues our members face every day." During his first term, Yoes said, Trump "made it crystal clear that he has our backs." Sooo which candidate did the police union endorse in 2024? . . . the current president. Of course. And now, the current president pardons ALL of the violent insurrectionists who harmed the police on 1/6/21. So, here’s the really really really difficult question . . . can anybody guess who the police union, champions of law and order, will endorse in 2028?
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dwise1 Member Posts: 6443 Joined: Member Rating: 6.6 |
So, here’s the really really really difficult question . . . can anybody guess who the police union, champions of law and order, will endorse in 2028? From what I heard, the Fraternal Order of Police immediately condemned Trump's blanket pardons/commutations for those violent insurrectionists, especially for the ones who harmed police. Now it's up to local and state law enforcement to jail them again. With the extremely high recidivism rates that we can expect from them (indeed, several of them have expressed the intention of buying lots of guns and of returning to their communities to "clean them up"), most of them should be convicted of new violent crimes. Indeed, at least one has already been arrested for gun law violations based on his past convictions of violent crimes. The up-side of that is that they will be convicted of state and local laws which the President has no pardon power over (which is why Trump's co-conspirators in the state election law cases kept trying to get their cases moved up to a federal court). Interestingly, there is no federal law against murder, only state laws, so the President shouldn't be able to pardon someone convicted of murder.The down-side is that we will see a big spike in the rate of violent crimes. Lots of collateral damage while cleaning up Trump's mess.
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dronestar Member Posts: 1582 From: usa Joined: Member Rating: 6.1
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the Fraternal Order of Police immediately condemned Trump's blanket pardons/commutations for those violent insurrectionists Yeah, their words really really really impress me. So, here’s the really really really difficult question . . . can anybody guess who the police union, champions of law and order, will endorse in 2028?
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Rahvin Member Posts: 4179 Joined: Member Rating: 7.6
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The police are not and have never been servants of the people.
They are and have always been the servants of capital. Those in power give them the State's monopoly on violence, and they maintain the status quo. Sure, that means sometimes a person is prosecuted for an actual crime that we'd all agree was bad. Stability is good for business, and the police are entrusted with keeping the workforce stable. Good workers and consumers, nobody calling for real systemic change. No Luigis. At other times it has meant returning a slave to their "master." At other times it means racial profiling and over-policing specific areas to reinforce stereotypes that prevent the working class from uniting against the owner class. The police are and have always been oppressors. Sometimes people become cops with good intentions. Those good intentions are either perverted, or erased, or the person stops being a cop altogether. At a minimum, the "good cops" remain silent for their own protection while knowing that their colleagues are inflicting harm. American police have been trained in the past decades to escalate every situation with virtually no actual training on the law. Most of them don't know or care what rights citizens are supposed to have - they'll use any trick to justify whatever force they feel like applying for any reason, including constitutionally-protected activities like recording in public, speech they officer personally doesnt like, or the classic "existing while black." They've been infiltrated by neo-nazis and the klan since those organizations existed, and people of that sort have been cops since the beginning. They've been primed to be tyrants and to follow tyrannical orders. "Law and order" is a dogwhistle for selective and targeted enforcement, and there are degrees of privilege. Targeted minorities get hit the most. The wealthy get affected...almost not at all. Occasional token "justice," usually something like a fine that's counted as simply the cost of doing business. Wage theft is the single largest form of property theft in the US, and it's barely ever prosecuted. The police are not your friends. Never talk to the police beyond what is very strictly legally necessary. Remember that police are legally allowed to lie to you, and will do so. Nothing you say to a cop is legally allowed to be used in your defense, it can only ever be used to hurt you. Never allow a cop into your home and never ever open your door to a cop unless they have a warrant actually signed by a judge. Be prepared for the police to actually violate the law and your rights, without suffering any consequences. Record every interaction with police, and this is one of the few cases I'll advocate for using cloud storage - cops will steal your phone and delete your recordings if they can. Find neighbors, friends, and other community members who are similarly concerned. Build up support networks. help each other. Educate each other. We're running a repugnant combination of Hitler's rise in Germany and the post-Soviet Russian collapse into oligarchy. Do not comply in advance. Prepare to resist, and to be capable of resisting. None of us can do so on our own, and the modern age makes it even harder to be self-sufficient, but we're going to be faced with economic issues and reduced government safety nets (even below the pathetic "normal" level of American social safety nets). Learn and practice digital privacy and security so that you can speak out online without being targeted as easily. Americans are trained to trust our institutions and authorities. "They cant do that." Remember that slavery is still legal under the US constitution when it's a "as a punishment for crime". They can. They have before. They will again. We'd all best start believing in late-stage-capitalist dystopias.
We're in one. -->“The human understanding when it has once adopted an opinion (either as being the received opinion or as being agreeable to itself) draws all things else to support and agree with it.” - Francis Bacon "There are two novels that can change a bookish fourteen-year old's life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs." - John Rogers “A world that can be explained even with bad reasons is a familiar world. But, on the other hand, in a universe suddenly divested of illusions and lights, man feels an alien, a stranger. His exile is without remedy since he is deprived of the memory of a lost home or the hope of a promised land. This divorce between man and his life, the actor and his setting, is properly the feeling of absurdity.” – Albert Camus "...the pious hope that by combining numerous little turds of variously tainted data, one can obtain a valuable result; but in fact, the outcome is merely a larger than average pile of shit." - Barash, David 1995... "Many that live deserve death. And some die that deserve life. Can you give it to them? Then be not too eager to deal out death in the name of justice, fearing for your own safety. Even the wise cannot see all ends." - Gandalf, J. R. R. Tolkien: The Lord Of the Rings "The last enemy that shall be destroyed is death." -->Nihil supernum --> -->
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dronestar Member Posts: 1582 From: usa Joined: Member Rating: 6.1
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Well, ermmm, . . . luckily for us, . . . the American military, brave brave brave protectors of democracy, upholders of liberty, and guardians of freedom, . . .
. . . why they, . . . THEY have our backs. THEY won't be used as mindless corporate stooges!
quote: (for the love of god Rahvin, . . . we're in trouble)
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