Senate Blocked Gun Control Measures

Discussion in 'Latest Hip News Stories' started by Aerianne, Apr 17, 2013.

  1. MeAgain

    MeAgain Dazed & Confused Lifetime Supporter Super Moderator

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    Noxious,
    First let me restate the the Constitution and Amendments are always open to interpretation and reinterpretation. Even if none of the words are changed or syntax altered.

    I have read your post, more than once. There is nothing in the main body of the Constitution pertaining to individual arms that I can find, pro or con.
    I assume you are using this part, which you highlighted, as proof that the founders wanted everyone to be armed so that they could overthrow their own government, if need be, by the use of arms. I see nothing that advocates or even hints at the need, absolute or otherwise, for violent overthrow. I see nothing about the need for individual citizens to be armed in order to accomplish the abolition of the said government.

    This is taken, of course, from The Declaration of Independence, not the Constitution of the United States. They are two different documents. The Declaration of Independence was directed at Great Britain and it's government and the treatment of the 13 Colonies under that Government, it is not the document that establishes the laws of the United States. It has nothing to do with arms or militias.

    Article 1, Section 8 of the Constitution does provide:
    The militia was to execute the Laws of the Union, suppress Insurrections and repel Invasions, I see no provision for overthrowing any government. In point of fact one charge of the militias was to suppress Insurrections. An Insurrection is:
    So one reason for having militias was for the opposite reason you are stating, not to overthrow the government, but to put down insurrections.

    I see no reference to any private, non governmental militia, nor any militia controlled, organized, armed, trained, disciplined or employed by anyone other than the government.


    The first use of militias for the purpose of putting down an insurrection was during the Whiskey Rebellion of Western PA. President Washington raised from New Jersey, Maryland, Virginia, and eastern Pennsylvania a federalized militia force of 12,950 men to put down the rebellion. In addition the militia was used to put down resistance to the draft that was used to fill out the needed manpower of the militias.
    The militia force entered Western PA in October 1794 under control of the Governor of Virginia and the rebellion collapsed. Militias were used to support not overthrow the government.

    Article 2, Section 2 provides:
    My bold. The President may call the State militias into Federal service, in which case he is their Commander in Chief.

    So as the President can Federalize any State militia and as there is no provision for any private militias in the Constitution, where does the Constitution provide for the arming of citizens in a non governmental militia for the sole purpose of overthrowing the Federal government?

    Please cite the Article and Section of the Constitution and quote the pertinent sentences.
    I'll not bother with the Amendments until you show me the section of the Constitution, or the Declaration of Independence since you brought that up, that addresses civil militias.
     
  2. Sig

    Sig Senior Member

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    Bull-fucking-shit. :rolleyes: If you don't want to own one, don't. If you're ok with being neutered then good on you. Me owning one makes me no more of a potential killer than you not owning one.
     
  3. hillbillyhippy

    hillbillyhippy Member

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    My point exactly. I won't force someone to own them, but I will not tolerate someone taking mine away
     
  4. hillbillyhippy

    hillbillyhippy Member

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    Back then the militia was individuals get your fact straights, they didn't have formal training, just a gun,every man who owned a gun just showed up to defend their area

    And even if the word isn't used correctly it still says it is the right of THE PEOPLE last time i checked we are THE PEOPLE
     
  5. Sig

    Sig Senior Member

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    No, it didn't. The 2nd Amendment specifically says "the people" have the right, not "the militia". In every other part of the Constitution that phrase is taken to confer an individual right. The militia section is an informative clause, not a conditional one.
     
  6. hillbillyhippy

    hillbillyhippy Member

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    we the people...we the people you guys
     
  7. NoxiousGas

    NoxiousGas Old Fart

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    Uhhmmm, no it's not. it says what it means and means what it says.

    The old "infinitely re-interpretable" argument is the same old tired one used against any document with which someone doesn't agree with, but possess no actual valid argument against it.

    Words have specific definitions.

    You didn't read far enough then;

    All the original amendments are completely about the rights of the private individual in regards to the government. There really is not too many other ways to interpret it.
     
  8. MeAgain

    MeAgain Dazed & Confused Lifetime Supporter Super Moderator

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    LOL,
    Okay, in order:
    First off I didn't know that you needed a gun to be man.
    Apparently they have to make up for a lack in another area.
     
  9. Sig

    Sig Senior Member

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    You read a little to far into what I posted which, to be honest, is understandable given poor choice of words I used. I meant neutered in the sense that he is ceding the ultimate authority in his country to the government, and not to the people.
     
  10. MeAgain

    MeAgain Dazed & Confused Lifetime Supporter Super Moderator

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    So what is this supposed to mean? The U.S. Army is also made up of individuals, so what?
    In this case they did not just show up to defend their area. They volunteered or were drafted to put down in insurrection in another area of their state or another state all together.

    I have no idea what you mean here. But I didn't address the Bill of Rights in my last big post. I'm still waiting for responses to the main part of the Constitution.
     
  11. MeAgain

    MeAgain Dazed & Confused Lifetime Supporter Super Moderator

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    Well, here is apart where I mentioned the 2nd Amendment. So here goes: This quote is from Virginia's version
    My bold. Greatly influenced by George Mason.
    Virginia rejected Jefferson's
    Pennsylvania, however, included,
    Notice the lack of the right to keep arms. Arms would not necessarily be allowed in individual homes, but stock piled in armories.
    John Adams
    In other words, militias are not to be used against any law or the government.
    My bold.
     
  12. LetLovinTakeHold

    LetLovinTakeHold Cuz it will if you let it

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    No one was drafted during the revolutionary war. The Civil war was the first time the US started the draft. Perhaps you can provide us with a source that states otherwise.

    During the revolutionary war, the American forces was consisted of mostly men who volunteered to local militias. You had the choice of what militia to join, therefore you had the choice of what area you wanted to defend. Out of 75,000 troops, only 18,000 (at its peak) were apart of the actual army.
     
  13. Sig

    Sig Senior Member

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    That is all well and good, Meagain. The problem is that in the final version we see today it was confirmed as an individual right completely independent of militia service. Also, whether or not a government recognizes a militia as a legally defined one doesn't negate that an illegal militia is still just that; a militia. Of course any government being resisted and/or rebelled against isn't going to recognize the ad hoc military units (ie militias) carrying out that resistance or rebellion as legal. It doesn't change what they are in strict military terms though.

    BTW, what was your source again?
     
  14. LetLovinTakeHold

    LetLovinTakeHold Cuz it will if you let it

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    As passed by the Congress and preserved in the National Archives:

    "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."
     
  15. MeAgain

    MeAgain Dazed & Confused Lifetime Supporter Super Moderator

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    Yes it is.
     
  16. childofdelight

    childofdelight Member

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    I'd really have liked it if the measure to expand background checks had passed.
     
  17. MeAgain

    MeAgain Dazed & Confused Lifetime Supporter Super Moderator

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    I never said that. I said conscription was used during the Whiskey Rebellion. But:
     
  18. MeAgain

    MeAgain Dazed & Confused Lifetime Supporter Super Moderator

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    The argument was rasied that citizens need to be armed and militias need to exist so that the lawful government of the United States could be overthrown if need be, and that the Constitution and Bill of Rights recognized that need and parts were included to support that need.
    No part of the Constitution or Bill of Rights ever included a provision that included the arming of citizens or the establishment of militias to overthrown the government.

    I am drawing from several sources including Wikipedia, Military Law Review Spring, 1992, and archives.gov.
     
  19. hillbillyhippy

    hillbillyhippy Member

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    you are still ignoring the fact that it says THE PEOPLE you can not negate that fact
     
  20. Scorpio Kenny

    Scorpio Kenny Church of the Good Earth - ArchBishop

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    Getting rid of guns is unconstitutional. In other words, getting rid of guns is against the law.

    If you personally believe that we should get rid of guns, than the answer is easy. Move to another country where you are not allowed to own guns. There are a lot of those out there to move to.

    Have fun in your safe new country.
     

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