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- danivon
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01 Mar 2011, 11:47 am
Doctor Fate wrote:danivon wrote:Erm, I was answering your point, I wasn't saying that you'd said that other nations police forces had not had to think about it.
Except this is not what I said. You muddled the second paragraph with the first, thus creating something I never intended. So, yes, a straw man.
Umm, no. I was just responding to your point that the police always need to assume that a suspect may be armed. The same is true even in countries with stricter gun laws, and the risks are not incomparable.
And I know that's not what you said. Hence me not saying that is what you meant. Your eagerness to disagree with me seems to have led you to assume what I think you think based on little other than that I just must do.
GA - well, he's already been forced to apologise, and the target of his ire has asked for greater disciplinary action. Not sure how anyone can defend him for what he said.
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- GMTom
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01 Mar 2011, 12:42 pm
I may have stated Jefferson had more impact than he really did, I was thinking of the Declaration of Independence that was his baby. That being said, he most certainly did have a very big role in the Constitution, it was his idea to add the bill of rights and this issue is after all part of that section is it not?
and ricky, an ability is not a right
We have the RIGHT to bear arms, one of the reasons for this right is to be able to rebel against a tyrannical government. You are leaping to a conclusion that one must equal the other and that simply is not so.
You live in Canada, there you have the RIGHT to marry another man
...so what is your husbands name ?
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- rickyp
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01 Mar 2011, 2:17 pm
tom
You are leaping to a conclusion that one must equal the other and that simply is not so.
Actually Tom I'm not. I've been repeatedly saying that the rationale as you say;
one of the reasons for this right is to be able to rebel against a tyrannical government
is not a right. And also saying that that it isn't valid to hold the view that the right to bear arms is there in order to enfranchise violent insurrections.
Its revisionism and the reinvention of the failed ideas of the anti-Federalists who opposed the new constitution. Hamilton may have included the 2nd Amendment as a sop to the anti-Federalist, but he wrote the amendment in a way that did not mention the concept of citizens armed against their lawful government. (You'll concede that at least?)
The hero of the guns lobby, Jeferson, held fairly radical ideas about armed insurrections. He supported them. (see below) but he did not gain any ground in the deliberations at Philidelphia and accordingly the 2nd Amendment excluded the rationale that you, and Sharon Angle, seem to beleive is there - though invisible.
That your view holds sway is frankly dangerous. Imagine a country where armed camps repeatedly spring up and do battle with agents of the lawful government. Jefferson could.
After the Revolutionary War, Jefferson advocated restraining government via rebellion and violence when necessary, in order to protect individual freedoms. In a letter to James Madison on January 30, 1787, Jefferson wrote, "A little rebellion, now and then, is a good thing, and as necessary in the political world as storms in the physical...It is a medicine necessary for the sound health of government."[125] Similarly, in a letter to Abigail Adams on February 22, 1787 he wrote, "The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive. It will often be exercised when wrong, but better so than not to be exercised at all."[125] Concerning Shays' Rebellion after he had heard of the bloodshed, on November 13, 1787 Jefferson wrote to William S. Smith, John Adams' son-in-law, "What signify a few lives lost in a century or two? The tree of liberty must from time to time be refreshed with the blood of patriots and tyrants. It is its natural manure."[126] In another letter to William S. Smith during 1787, Jefferson wrote: And what country can preserve its liberties, if the rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms.[
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- GMTom
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02 Mar 2011, 6:27 am
OK Ricky
You claim one thing and then another, Americans do have a right to own guns and one of the reasons is in fact to rebel against a tyrannical government. That much is clear. I have posted how many quotes by the framers? I have posted info on the thought of the time (throughout the constitution they mention all sorts of reasons to distrust the government) I have posted facts Ricky. You have still posted zero fact and continue to espouse your OPINION, please give some real facts you refuse to give in to this yet have ignored the request for some facts behind your position. Jefferson was radical? (he later became President remember) ok, how about the other dozen guys or so? Please give us some FACT and please try to avoid ignoring facts that you don't like.
I get it, you think it's a stupid idea to allow the possibility of resurrection but that's not what matters, your OPINION matters not. What did the framers of the American Constitution have in mind? That sir is quite crystal clear, there is no guesswork about it as you wish us to think, I have proven why there is no guessing, you have failed to prove your side. Nobody wanted a resurrection but in the light of what we had been through and seeing what was taking place in Europe at the time, the founding fathers did not want the population to be helpless sheep, they wanted to keep the government working FOR the people and not against, an armed populace was what was required to do so.
Dangerous? Hell yes!
But Democracy was a crazy idea at that time as well, we come from a long line of crazy people, guns are one of those crazy ideas, like it or not. One more plea, how about a fact or two to support your opinion? (you have avoided facts of any kind for how long now????)
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- GMTom
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02 Mar 2011, 6:38 am
more FACTS that do not support Ricky's OPINIONS
Justice Joseph Story, Commentaries on the Constitution of the United States (the leading commentator of the Constitution of the 1800's)
The next amendment is: "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." {[In Story's Familiar Exposition of the Constitution of the United States (1840), the following two sentences are also added:] One of the ordinary modes, by which tyrants accomplish their purposes without resistance, is, by disarming the people, and making it an offence to keep arms, and by substituting a regular army in the stead of a resort to the militia. The friends of a free government cannot be too watchful, to overcome the dangerous tendency of the public mind to sacrifice, for the sake of mere private convenience, this powerful check upon the designs of ambitious men.}
The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. And yet, though this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations. How it is practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights.
...pretty damning to Ricky's opinion, still waiting for a simple fact Ricky.
(this was obtained from
that bastion of conservatism, UCLA)
http://www2.law.ucla.edu/volokh/2amteach/sources.htmeven liberals have to admit fact ...except Ricky?
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- rickyp
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02 Mar 2011, 7:28 am
tom
I get it, you think it's a stupid idea to allow the possibility of resurrection
Hey, I've never said anything remotely religious...
Tom let's look at this comment from your recent quote.
One of the ordinary modes, by which tyrants accomplish their purposes without resistance, is, by disarming the people, and making it an offence to keep arms, and by substituting a regular army in the stead of a resort to the militia.
If this is reasonable, and that a balance to tyranny was a seperate command and control system for the states militia, why was the Militia Act of 1903 passed? If an independent militia, guaranteed by the private ownership of guns, was essential to guard against tyranny the Militia Act of 1903 would have been unconstitutional.
But, if the necessity of arming the populace, and establishing within them a right to armed insurrection, was not a part of the 2nd Amendment then the Militia Act is constitutional. (Its been in place for 115 years so I'm thinking its Constitutional)
I get it that you can quote all kinds of people who reiterate the trope about the well armed populace guarding against tyranny.But I remind you that it is not written into the words of the second amendment, and that the security of a free state did not rely upon armed insurrections against the state. Again, elst the Militia Act of 1903 would have been deemed unconstitutional.
None of this is based upon other peoples opinions Tom. Its based upon the actual words on the paper and the constitutionality of the Militia Act.
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- Doctor Fate
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02 Mar 2011, 9:41 am
Does Germany have gun control?How can something like this happen since guns are hard to get?
Btw, I have no info other than a report the shooter is from Kosovo. Still, I'll guess he'll be an Islamic extremist. If I'm wrong, I will apologize and invite a deserved verbal beating.
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- Archduke Russell John
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02 Mar 2011, 11:51 am
GMTom wrote:I may have stated Jefferson had more impact than he really did, I was thinking of the Declaration of Independence that was his baby. That being said, he most certainly did have a very big role in the Constitution, it was his idea to add the bill of rights and this issue is after all part of that section is it not?
Jefferson had almost no role in the Constitution. He wasn't even in the Country during the drafting of the Constitution or the ratification debates. Further, while he supported the idea of a Bill of Rights, he wasn't the only one and I also believe he wasn't the first. The first state to officially mention it was Massachusetts. Massechusetts was the 6th state to ratify but the ratification convention was bitterly and equally divided on the subject. Sam Adams and John Hancock proposed a compromise whereby Massachusett's ratification was conditional upon the passage of amendments proposed by the delegates. 4 of the next 5 states to ratifiy included similar wording (one of which was Viriginia)
Oh and Alexander Hamilton did not right the 2nd Amendment. James Madison wrote the preliminary drafts of 12 Amendments which were based on George Mason's Virigina Declaration of Rights.
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- GMTom
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02 Mar 2011, 12:01 pm
Jefferson most certainly was consulted and sent the drafts and asked for his input, the bill of rights was one of his ideas to add to the constitution. He did not write it but he had his input without a doubt. Are you suggesting Hamilton's opinions about the right to bear arms and why is irrelevant? If so, that is ignoring an important voice of the times and ignoring popular sentiment, to suggest what his feelings were had nothing to do with the Constitution is also just as ignorant.
Are you trying to state what I posted was not correct and one of the reasons we have the second amendment is to keep the government honest? If so, please say so, if not, then picking on the minute details is hardly worth the time.
And Ricky,
There you go with your OPINIONS again
Ignore what the guy says and tell us how he makes no sense (to you). That doesn't change the position, we are still waiting for a fact not opinions based on vapor.
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- GMTom
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02 Mar 2011, 12:02 pm
and did anyone else get a chuckle out of my using the wrong word only to be corrected by RICKYP?
...the king of typos is now resorting to grammar in his defense
(Dude, switch to Firefox, it will point out typos as you go along)
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- Archduke Russell John
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02 Mar 2011, 12:21 pm
GMTom wrote:Jefferson most certainly was consulted and sent the drafts and asked for his input, the bill of rights was one of his ideas to add to the constitution. He did not write it but he had his input without a doubt.
Perhaps, but he was not the overwhelming, driving influence you on the drafting of the Constitution and the Bill of Rights you are making him out to be.
GMTom wrote:Are you suggesting Hamilton's opinions about the right to bear arms and why is irrelevant?
No I am saying that you are misinformed of the history of the Consitution. Hamilton was acutally adamant opposed to a bill of rights saying
I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?- Federalist #84
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- Archduke Russell John
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02 Mar 2011, 12:28 pm
rickyp wrote:Archduke
I'm not so worried about the origins as I am about the effect. I've not disagreed that anti-federalists and the southern states all had concerns about states militias, and indeed about private ownership of guns. But Hamilton finaly wrote the amendment and it was voted into force and ratified. And we have in hand what he wrote. A strict constructionist view is that we deal with the written law, no?
In your opinion, does the 2nd amendment provide a right for citizens to take up arms against the govenment?
The 2nd Amendment doesn't provide anything. It specificies a limitation on the government, i.e. passing laws infringing on gun ownership.
Let me propose a hypothectical. It is my understanding that Canada's current Prime Minister, Steve Harper, is a member of the Conservative Party of Canada. For purposes of this hypo, the next election gives the CPC overwhelming majorities in Parliment. Parliment passes a law saying Harper can rule by decree. Harper then dismisses Parliment and refuses to hold any future elections. Further he starts using the police and military to enforce his decrees.
Do the people of Canada have the right to use force to overthrow Harper?
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- GMTom
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02 Mar 2011, 12:43 pm
As stated, Jefferson's baby was the declaration and I misspoke there, but he most certainly had his input in the Constitution but especially in the need for a Bill of Rights. Not the driving force but certainly a vocal part. Hamilton was against the Bill of Rights but his opinions still mattered and any quotes as to what he thought would most certainly be relevant to the discussion. He was quite clear (no guessing as someone wants us to believe) in what his thoughts were where it came to the right to bear arms and why. I did not state Hamilton was all for the thing, but his opinions and thoughts were most certainly important and germane to Ricky's ill-informed OPINION on the subject.
The bill of rights does not grant any "right" to overthrow the government and in fact there are places that deal with possible rebellions. There is absolutely no "right" but the deterrent was the idea and while the "right" may not be there, should the government turn bad, that OPTION being the possible "right" thing to do is available, the same word, but not the same thing ...far from it!
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- Doctor Fate
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02 Mar 2011, 12:44 pm
Archduke Russell John wrote:The 2nd Amendment doesn't provide anything. It specificies a limitation on the government, i.e. passing laws infringing on gun ownership.
Thank you! Maybe Ricky will listen to a lawyer. He has consistently said he views the 2nd Amendment as protecting the government. Makes one wonder how it got into "The Bill of Rights" since it was (allegedly) not a right but a restriction.
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- Doctor Fate
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02 Mar 2011, 3:26 pm
Doctor Fate wrote:Does Germany have gun control?How can something like this happen since guns are hard to get?
Btw, I have no info other than a report the shooter is from Kosovo. Still, I'll guess he'll be an Islamic extremist. If I'm wrong, I will apologize and invite a deserved verbal beating.
So weird.
Right again:A man whose office is near the site of the shooting, speaking on condition of anonymity to protect his business, said witnesses told him that before opening fire the gunman shouted “God is great” in Arabic. Mr. Füllhardt said he could not confirm such reports.