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Originally posted by Xtrozero
Originally posted by Res Ipsa
The point is that there is protected speech and unprotected speech. The same goes for the 2nd amendment. You can't have a tactical nuke in your house. You can't have a stealth bomber on your farm. You can't have kiddy porn. Yelling fire in a crowed theater is not protected speech.......
The debate can be where the lines should be but not whether or not there are lines.
The government is not trying to take all your guns away, period.
I agree with what you can't have in your statement. The main reason is because a nuke or bomber is not "arms" but "ordinance". If the debate was to determine what is constitutionally protected as “arms” I would say great go for it, but I fail to see one gun type constitutionally protected as “arms” and another gun type is not, or even finer discriminators, such as two guns are exactly the same except for one has a pistol grip and the other does not, or a gun has larger capacity magazines, or fires faster, or looks meaner, or is labeled AR and not deer rifle.
The question is whether ALL guns are considered arms and if not why? We also know that this is all academic since guns in general are “arms” as to the framers intent, and canons, nukes etc are not.
One could also ask why didn’t this come to light when we advanced from musket balls to Winchester repeaters? A vastly larger capability difference than anything we have today in comparison.
No, guns are not the real world power.........laws are.....then those granted authority under those laws with guns. As far as your circular reasoning goes, if I was a philosophy expert I would eviscerate your poorly constructed false premise, followed by false conclusion followed by more of the same.......but I'm not....however, like the Justice that opined on pornography said, "I know it when I see it" Your argument is nonsensical.
Originally posted by Res Ipsa
reply to post by Bob Sholtz
I'm not going to give you a civics lesson. You seriously don't know what you are talking about.
Read up on the creation of the Judicial Branch, until you can tell me the person that "gave" it any power, I'm not wasting my time arguing with you.
I was going to call it a night but came back to help teach you something.....Read "Monroe v Madison"
If you have any questions about how the Court got its power after that, I'll tell you.edit on 19-3-2013 by Res Ipsa because: out of kindness
Originally posted by Res Ipsa
Jim Bob fell into a time machine with an AR 2000 with a 150 ammo clip. He lands into the room where the 2nd amendment is being discussed. I am almost certain that the 2nd amendment would look different today if that happened.
Like you said, these guys are thinking muskets or something like it and everyone should have some to protect against those dang Indians and if the King decides to change his mind or the Rothchild's hire Blackwater.
Nobody today can claim that the founding fathers, if they saw the arms today, would still write the 2nd amendment as it reads now. It is really retarded to think that seeing 200 years into the future would not effect a person....the 3/5ths of a person would not be included for example.
Why hasn't it been dealt with sooner? It hasn't been worth the effort. Just wait until Laser Rifles are introduced!
or better yet, a hand gun laser.......yayyyyyyy........Could you see the founding fathers being cool with everyone owning a laser pistol that has an 8 hour continuous fire clip capacity?
How about owning our own armed drones to patrol our property?
The founding fathers, in my mind, would say......."hey people, we did the best we could for our times, even then we couldn't agree on almost anything. Stop treating us like divine prophets. We ripped stuff off from Martin Luther and other greats from history, so we are flattered that you include us, but wake up and deal with the times your in."
You see this is your true debate....whether the constitution is a living document or not. I view it as a not, unless done through an Amendment. So let’s say 90% of America want to change the 2nd through an Amendment then I would say go ahead, but until that Amendment happens the words are set in stone.
Originally posted by Res Ipsa
reply to post by TauCetixeta
His argument was made more effective by the inability of Feinstein to respond intellectually. When Cruz used the banning of books/1st amendment argument, she should have said yes, some books are not protected by the first amendment, and so some guns should not be protected by the 2nd........that simple.
Originally posted by Bob Sholtz
reply to post by Xtrozero
You see this is your true debate....whether the constitution is a living document or not. I view it as a not, unless done through an Amendment. So let’s say 90% of America want to change the 2nd through an Amendment then I would say go ahead, but until that Amendment happens the words are set in stone.
the founding fathers purposely made it hard to amend the constitution so that people could keep their rights longer. all governments eventually become corrupt.
the constitution contains the idea of inalienable rights, things that cannot be amended away. changing the second amendment to allow for these measures, or passing such laws anyways do not make them legal.
feinstein even brings this up. she knows it will take a long time for a lawsuit to develop and make its way to the supreme court, plenty of time to require every citizen to register their guns and confiscate the illegal ones. the constitution is quite clear on the meaning of the second amendment and its purpose, she shouldn't have to wonder if the bill is constitutional, because it clearly isn't.
Originally posted by macman
reply to post by Res Ipsa
Yelling fire is freedom of speech.
If that results in disorderly conduct, with someone willing to be a victim due to it creating a "incident", then that is something else.
And yes, as what is being done and shown, the Govt would like to disarm the American Citizen.
Originally posted by Res Ipsa
reply to post by coltcall
show me where she wants a "blanket ban on weapons"
show me where she wants to take all the guns away from us.
Not some guns, ALL guns.
Originally posted by Res Ipsa
Originally posted by benrl
I love how she dodges the question and goes for an emotional retort rather than address the real issue asked.
Emotions don't override the rule of law, the comparison of banned books and the first amendment to guns is spot on, you can't pick and chose what gets protected by the constitution randomly.
This is not a genuine assessment of what was said is it? Our country is really screwed if you and those that gave you stars really think this.
For one, nobody is "randomly" picking what guns to exclude from 2nd amendment protection. Secondly banned books aren't "randomly" chosen either. Sorry but kiddie porn is not protected. You yelling fire in a crowded theater is not protected. You owning a Abrams tank is not protected. Who cares if Fienstein is a flake and couldn't think quick on her feet, she is a politician and an annoying one at that. If you and your star buddies have no interest in being intellectually honest or are unable to, then I resubmit.......we are screwed.
Do I even have to state that I am no liberal. I'm not anti-gun either. I am anti ignorance but in this case I really don't think ignorance is applicable. The information is in the video. I guess I am also anti partisan tardation. then.
It may not be illegal to yell fire in a crowded theater. But if you do and it gets people killed your attorney is not going to use the 1st amendment as a defense, because it is not protected speech. He might use "mistake" because you thought there was a fire. He may use insanity. He may use mistaken identification, "it wasn't me."
show me where she wants a "blanket ban on weapons"
[H]andgun restriction is simply not viewed as a priority. Assault weapons ... are a new topic. The weapons' menacing looks, coupled with the public's confusion over fully automatic machine guns versus semi-automatic assault weapons—anything that looks like a machine gun is assumed to be a machine gun—can only increase the chance of public support for restrictions on these weapons.