emilynghiem
Constitutionalist / Universalist
- Jan 21, 2010
- 23,669
- 4,181
Sorry, NRA: The U.S. was actually founded on gun control
Okay here we go again. More arguments over the belief of whether the 2nd Amendment applies to state militias only, as this Salon article attributes to Madison as the original intent.
My question to liberal believers in state militias only:
If it is okay for Judges and Courts to "create" an interpretation of law as a "new right"
such as interpreting the "right to marriage" without passing or changing written laws,
why is it wrong for courts to establishing interpretation of the 2nd Amendment as
applying to individual rights?
Only if Courts establish an interpretation or precedent that liberals agree with
then it's okay? but not if the ruling or right conflicts with political beliefs?
True, the First Amendment free exercise of religion was originally meant
as addressing "religious beliefs." But if we are going to be fair and inclusive of
all people of all beliefs, shouldn't we apply this principle to other secular
and political beliefs? clearly NEITHER side or party believes in govt abused to
impose on THEIR political beliefs. We want laws enforced when it comes to
protecting our OWN political beliefs from infringement. When are we going to
get wise and realize that in order to achieve this protection , it has to apply to
people on Both sides that both have political beliefs deserving of protection!
BTW as for the 2nd Amendment argument in the Salon link above,
1. Had "state militias" been the only interpretation of right to bear arms,
I doubt the State of Texas would have ever agreed to join the Union.
Coming from a history of individual citizens and groups fighting wars for
independence as a nation, Texas would not agree to surrender to federal or
state militia control of arms. There would be respect for the Republic, but if
you read the language in the Texas Bill of Rights, section 2, it states very
clearly that the authority of law resides with the people (within a republican
form of govt):
2. As ChrisL pointed out, ALL people are considered part of the "militia"
similar to how all people ARE the government. The ultimate check is going
to come from the people. And if we have differing beliefs about the laws,
again, it is up to use to recognize and respect these different beliefs under law.
3. I also pointed out that 2nd Amendment advocates believe in the Constitution
as limited powers of federal govt, reserving rights of states and people, and
use of arms for DEFENDING the laws not violating them.
This common belief in Constitutional principles IS the basis of being "well regulated"
by people and groups "checking themselves and others" by Constitutional laws.
If you want to take this further and REQUIRE Constitutional oaths of all people
who bear arms, then let's require this same oath for ALL citizens since we are
ALL responsible for government when we become of legal age as consenting adults
with right privileges and responsibilities as citizens and taxpayers.
I have no problem with that, as long as people AGREE locally by district
by city or state, on the terms of establishing and enforcing Constitutional
laws, ethics, and process for redressing grievances to protect equal rights of all persons
who consent to be under that policy and process.
By educating, training, and requiring all citizens to uphold the same laws
expected of govt and law enforcement, we can not only redress grievances and infractions/abuses,
but can better "screen out" problems in advance (where people are either legally or medically incompetent to comply with laws and require accommodations to protect their rights if they require a legal guardian who can uphold responsibility legally and financially, or identify areas of "conflicting beliefs" where neither side should be infringed upon by govt).
Okay here we go again. More arguments over the belief of whether the 2nd Amendment applies to state militias only, as this Salon article attributes to Madison as the original intent.
My question to liberal believers in state militias only:
If it is okay for Judges and Courts to "create" an interpretation of law as a "new right"
such as interpreting the "right to marriage" without passing or changing written laws,
why is it wrong for courts to establishing interpretation of the 2nd Amendment as
applying to individual rights?
Only if Courts establish an interpretation or precedent that liberals agree with
then it's okay? but not if the ruling or right conflicts with political beliefs?
True, the First Amendment free exercise of religion was originally meant
as addressing "religious beliefs." But if we are going to be fair and inclusive of
all people of all beliefs, shouldn't we apply this principle to other secular
and political beliefs? clearly NEITHER side or party believes in govt abused to
impose on THEIR political beliefs. We want laws enforced when it comes to
protecting our OWN political beliefs from infringement. When are we going to
get wise and realize that in order to achieve this protection , it has to apply to
people on Both sides that both have political beliefs deserving of protection!
BTW as for the 2nd Amendment argument in the Salon link above,
1. Had "state militias" been the only interpretation of right to bear arms,
I doubt the State of Texas would have ever agreed to join the Union.
Coming from a history of individual citizens and groups fighting wars for
independence as a nation, Texas would not agree to surrender to federal or
state militia control of arms. There would be respect for the Republic, but if
you read the language in the Texas Bill of Rights, section 2, it states very
clearly that the authority of law resides with the people (within a republican
form of govt):
2. As ChrisL pointed out, ALL people are considered part of the "militia"
similar to how all people ARE the government. The ultimate check is going
to come from the people. And if we have differing beliefs about the laws,
again, it is up to use to recognize and respect these different beliefs under law.
3. I also pointed out that 2nd Amendment advocates believe in the Constitution
as limited powers of federal govt, reserving rights of states and people, and
use of arms for DEFENDING the laws not violating them.
This common belief in Constitutional principles IS the basis of being "well regulated"
by people and groups "checking themselves and others" by Constitutional laws.
If you want to take this further and REQUIRE Constitutional oaths of all people
who bear arms, then let's require this same oath for ALL citizens since we are
ALL responsible for government when we become of legal age as consenting adults
with right privileges and responsibilities as citizens and taxpayers.
I have no problem with that, as long as people AGREE locally by district
by city or state, on the terms of establishing and enforcing Constitutional
laws, ethics, and process for redressing grievances to protect equal rights of all persons
who consent to be under that policy and process.
By educating, training, and requiring all citizens to uphold the same laws
expected of govt and law enforcement, we can not only redress grievances and infractions/abuses,
but can better "screen out" problems in advance (where people are either legally or medically incompetent to comply with laws and require accommodations to protect their rights if they require a legal guardian who can uphold responsibility legally and financially, or identify areas of "conflicting beliefs" where neither side should be infringed upon by govt).