Former Supreme Court Justice: Second Amendment Must Be Changed

[spookyturtle 9,465]

Is this your opinion or do you have some legal reference that states that? You won't find any constitutional lawyer or judge who would agree with you.

Read more: http://www.upi.com/Top_News/US/2012/12/16/Scalia-in-08-Right-to-bear-arms-is-not-unlimited/UPI-80201355648700/#ixzz2uHP8rnVS

You're asking him if it's his opinion, yet you're quoting someone's opinion to imply that he is incorrect. What's up with that?

[Mr. Big Dog 10,747]

Really? So handheld explosive devices are covered? How about depleted uranium bullets? Rocket launchers?

RPGs are clearly bearable.

As are these babies.

Or this stuff

[The Nature Boy 4,224]

and

"The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good"

-- George Washington

"As to the species of exercise, I advise the gun. While this gives [only] moderate exercise to the body, it gives boldness, enterprise, and independence to the mind. Games played with the ball and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun, therefore, be the constant companion to your walks."

-- Thomas Jefferson,

A militia, when properly formed, are in fact the people themselves ... and include all men capable of bearing arms."

-- Senator Richard Henry Lee, 1788, on "militia" in the 2nd Amendment

"No free man shall ever be debarred the use of arms."
- Thomas Jefferson
"I prefer dangerous freedom over peaceful slavery."
- Thomas Jefferson
"The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
- Thomas Jefferson (quoting 18th century criminologist Cesare Beccaria)
- See more at: http://www.buckeyefirearms.org/gun-quotations-founding-fathers#sthash.BhUWK0r2.dpuf

[Sousuke 1,214]

RPGs are clearly bearable.

As are these babies.

Or this stuff

One these is legal in most if not all states.

[luckytxn 2,264]

Noting ambiguous about that.

Seems a supreme court judge agrees with me.

the Framers' use of the term "well regulated" in the Second Amendment, and the words "regulate" and "regulation" elsewhere in the Constitution, clarifies the meaning of that term in reference to its object, namely, the Militia. There is no doubt the Framers understood that the term "militia" had multiple meanings. First, the Framers understood all of the people to be part of the unorganized militia. The unorganized militia members, "the people," had the right to keep and bear arms. They could, individually, or in concert, "well regulate" themselves; that is, they could train to shoot accurately and to learn the basics of military tactics.

This interpretation is in keeping with English usage of the time, which included within the meaning of the verb "regulate" the concept of self- regulation or self-control (as it does still to this day). The concept that the people retained the right to self-regulate their local militia groups (or regulate themselves as individual militia members) is entirely consistent with the Framers' use of the indefinite article "a" in the phrase "A well regulated Militia."

This concept of the people's self-regulation, that is, non-governmental regulation, is also in keeping with the limited grant of power to Congress "for calling forth" the militia for only certain, limited purposes, to "provide for" the militia only certain limited control and equipment, and the limited grant of power to the President regarding the militia, who only serves as Commander in Chief of that portion of the militia called into the actual service of the nation. The "well regula[tion]" of the militia set forth in the Second Amendment was apart from that control over the militia exercised by Congress and the President, which extended only to that part of the militia called into actual service of the Union. Thus, "well regula[tion]" referred to something else. Since the fundamental purpose of the militia was to serve as a check upon a standing army, it would seem the words "well regulated" referred to the necessity that the armed citizens making up the militia(s) have the level of equipment and training necessary to be an effective and formidable check upon the national government's standing army.

This view is confirmed by Alexander Hamilton's observation, in The Federalist, No. 29, regarding the people's militias ability to be a match for a standing army: " . . . but if circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people, while there is a large body of citizens, little if at all inferior to them in discipline and use of arms, who stand ready to defend their rights . . . ."

It is an absolute truism that law-abiding, armed citizens pose no threat to other law-abiding citizens. The Framers' writings show they also believed this. As we have seen, the Framers understood that "well regulated" militias, that is, armed citizens, ready to form militias that would be well trained, self-regulated and disciplined, would pose no threat to their fellow citizens, but would, indeed, help to "insure domestic Tranquility" and "provide for the common defence."

http://www.lectlaw.com/files/gun01.htm

[Mr. Big Dog 10,747]

One these is legal in most if not all states.

Why does that not give me the warm and fuzzies?

[Sousuke 1,214]

Our right to free speech is also clear. What is less clear is how and when those freedoms are limited, since even the most ardent constitutional originalists will concede that no right is absolute.

With "Free Speech Zones" I feel that the first is very limited now.

[Mr. Big Dog 10,747]

With "Free Speech Zones" I feel that the first is very limited now.

I know for sure that the first Amendment does not exist in VJ. This site is about as censored as the old communist eastern block. I wonder sometimes if Capt Ewok is actually a functionary of Vladimir.

[luckytxn 2,264]

Deflection. Seen this before from someone else.

You're asking him if it's his opinion, yet you're quoting someone's opinion to imply that he is incorrect. What's up with that?

[luckytxn 2,264]

They used to be open minded once upon a time. New regime. Same as the old regime.

I know for sure that the first Amendment does not exist in VJ. This site is about as censored as the old communist eastern block. I wonder sometimes if Capt Ewok is actually a functionary of Vladimir.

[Mr. Big Dog 10,747]

They used to be open minded once upon a time. New regime. Same as the old regime.

I remember that. I've been around for a decade.

[The Nature Boy 4,224]

I know for sure that the first Amendment does not exist in VJ. This site is about as censored as the old communist eastern block. I wonder sometimes if Capt Ewok is actually a functionary of Vladimir.

Ahh but you are asking for free speech on someone elses front porch with their Megaphone. This site is his theater. he has the right to say what plays, we have the right to go to one of the many thousands of other sites that don't moderate, or even start our own

We put up with the absolutely schizophrenic moderating polices, the standards that change on the fly and sometimes from hour to hour, and the absolutely random enforcement of the TOS, because we want to.

Edited February 25, 2014 by The Nature Boy

[Mr. Big Dog 10,747]

Ahh but you are asking for free speech on someone elses front porch with their Megaphone. This site is his theater. he has the right to say what plays, we have the right to go to one of the many thousands of other sites that don't moderate, or even start our own

We put up with the absolutely schizophrenic moderating polices, the standards that change on the fly and sometimes from hour to hour, and the absolutely random enforcement of the TOS, because we want to.

Yeah, we all have severe masochistic tendencies.

[The Nature Boy 4,224]

Yeah, we all have severe masochistic tendencies.

One thing we know. the absolutely Bizarre approach to what they find offensive does not discriminate.

[luckytxn 2,264]

And I bet you have more battle scars. Great times we had back then.

No Quarter.

I remember that. I've been around for a decade.

I think they hate us.

Ahh but you are asking for free speech on someone elses front porch with their Megaphone. This site is his theater. he has the right to say what plays, we have the right to go to one of the many thousands of other sites that don't moderate, or even start our own

We put up with the absolutely schizophrenic moderating polices, the standards that change on the fly and sometimes from hour to hour, and the absolutely random enforcement of the TOS, because we want to.