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Author | Topic: Gun Control Again | |||||||||||||||||||||||||||||||||||||||||||
vimesey Member (Idle past 102 days) Posts: 1398 From: Birmingham, England Joined: |
You use the phrase "reserved the right". The verb "reserved" means to keep back or retain. For it to have meaning, the thing which is being reserved must be in existence already at the time of its reservation. So what I'm looking to drill down to is what is it that you feel created the right to bear arms, before the constitution reserved it.
Could there be any greater conceit, than for someone to believe that the universe has to be simple enough for them to be able to understand it ?
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New Cat's Eye Inactive Member
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I see how you're looking at it CS, but the problem for me is that to my mind, it makes the term "right" a little trivial to look at it like that. I'm not seeing it. In order to exemplify it, all you do is go on to trivialize the right by making it about something mundane like driving on the road. However, if there was a cop on the street stopping you from using the road to go the store and get breakfast, or whatever, I think you'd quickly change your mind about how trivial that right of yours is (obviousloy depending on why you were being stopped).
So when ICANT says that the second amendment doesn't create a right to bear arms, then to my mind, he is either making a meaningless point (ie picking up a gun is an action which people are capable of in the absence of prevention), or I want to know why he considers bearing arms to be more than a trivial matter. I don't think bearing arms is a trivial matter at all. The right to self-defense is one of the most important rights you can have. Ya know, its even #2. That's pretty high on the list. And the 2nd simply does not create the right. Read it again. Quote it. Show me where the right is created.
(because rights are something which I think it is worthwhile distinguishing from the run of the mill actions in day to day life) How and why? I mean, if you were prevented from doing your day to day activities, wouldn't you be pissed off? Wouldn't you feel slighted?
a right to bear arms in the US is one which exists as a result of the second amendment. No, that's the exact opposite of the way it works. If the second amendment simply did not exist, then everyone would still be able to have arms until some law was passed that disallowed it. You get to have arms by default, that's why its a right. The second amendment prevents those laws that would disallow people from having arms. That's not creating the right, that preventing the existing right from being removed.
Whether that right is something to limit and debate is another question - and one on which I know we disagree I'll have you know, I do think it is something to limit and debate.
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New Cat's Eye Inactive Member
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Are you saying that it is some form of natural right ?
CS tried to make that argument but bailed when questioned on it.
What the fuck? That's a lie. Don't lie about me. Edited by Catholic Scientist, : No reason given.
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New Cat's Eye Inactive Member
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In other words, having a gun in the home makes you less safe, not more safe. But that doesn't mean anything at the individual level, so... so what?
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NoNukes Inactive Member
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And the 2nd simply does not create the right. Read it again. Quote it. Show me where the right is created. It is impossible to answer that from the wording of the amendment alone. What you are asking is an historical question. For example, was there some right for 18 year olds to vote that we already had, but that was somehow not recognized until passage of the 26th amendment? I think it is clear, historically, that the 26th amendment created a right for people between 18 and 21 to vote. Yet both the 2nd and the 26th amendment talk of a right that shall not be infringed.Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) The apathy of the people is enough to make every statue leap from its pedestal and hasten the resurrection of the dead. William Lloyd Garrison. If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
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Taq Member Posts: 10085 Joined: Member Rating: 5.6
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Glad to see that you agree that laws do not hinder criminals from doing whatever they want to do. So are you saying that we should get rid of these other laws as well?
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Theodoric Member Posts: 9202 From: Northwest, WI, USA Joined: Member Rating: 3.4
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What the fuck? That's a lie. Don't lie about me.
You never offered any support for your claim that there is a natural right to guns. Do you want me to research and show how you were asked to back up the natural right argument in the other gun control thread?
Message 933CS writes: You have the Natural Right to own the arms that are normal usage of today. Also see the conversation with Straggler before this comment. Straggler and I both called you on this to support the claim of a natural right to guns.
Message 934 Message 935 Your response to both of us was utter silence. So don't accuse me of lying. All your post showed was a lack of understanding between legal rights and the philosophical idea of natural rights. Natural rights have no standing or bearing in any court, even the US Supreme Court. It is a philosophical construct.Facts don't lie or have an agenda. Facts are just facts "God did it" is not an argument. It is an excuse for intellectual laziness.
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New Cat's Eye Inactive Member
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And the 2nd simply does not create the right. Read it again. Quote it. Show me where the right is created.
It is impossible to answer that from the wording of the amendment alone. What you are asking is an historical question. Yeah, that makes sense. But I still don't see any creation of the right.
For example, was there some right for 18 year olds to vote that we already had, but that was somehow not recognized until passage of the 26th amendment? I dunno. Isn't voting a legal right? Were 18 y/os being prevented from voting before the 26th? OTOH, were people being prevented from bearing arms before the 2nd?
I think it is clear, historically, that the 26th amendment created a right for people between 18 and 21 to vote. As you exemplified, you could say that 18 year olds did have the right already and that it was just being infringed, but I'm not sure that voting is a natural right to begin with. Considering that its part of a legal system, it seems like it would have to be a legal right.
Yet both the 2nd and the 26th amendment talk of a right that shall not be infringed. Was there any influence on the wording of the 26th by the 2nd? But you have a valid point that the wording alone doesn't determine whether the right was being created or not.
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ICANT Member Posts: 6769 From: SSC Joined: Member Rating: 1.7
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Hi Taq,
Taq writes: So are you saying that we should get rid of these other laws as well? What I am saying is that you can't get the criminals to obey the laws we already have concerning firearms and it don't make any difference how many new laws are made they are not going to obey any of them. The only people that will obey laws are law abiding citizens. Therefore if you make any new laws you are not hindering the people who are committing murders and mass murders you are only infringing on the rights of the law abiding citizens to protect themselves from the people who are not going to obey any laws. So leave the firearms of the law abiding citizens alone and if we never need to use them that will be great. But if the time comes that we need them we will have them. God Bless,"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."
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New Cat's Eye Inactive Member
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Just because I don't reply to your inane posts doesn't mean I'm bailing on the argument. Also, I have a real life outside of EvC and cannot reply to everything. Stop posting dickish replies about the persons and start making actuall arguments about the topic. Or just don't post at all.
Edited by Catholic Scientist, : spelling
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Theodoric Member Posts: 9202 From: Northwest, WI, USA Joined: Member Rating: 3.4 |
As you exemplified, you could say that 18 year olds did have the right already and that it was just being infringed, but I'm not sure that voting is a natural right to begin with.
You speak of natural rights as if it is some sort of codified list. Can you please spell out what you think the natural rights are? Also, some sort of court case showing "natural rights" have any legal standing. Is not being held in servitude a natural right?Facts don't lie or have an agenda. Facts are just facts "God did it" is not an argument. It is an excuse for intellectual laziness.
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Theodoric Member Posts: 9202 From: Northwest, WI, USA Joined: Member Rating: 3.4 |
Just because I don't reply to your inane posts If you don't agree it is inane? Please show me what part of my post was lacking sense, significance, or ideas.
Stop posting dickish replies about the persons and start making actuall arguments about the topic.
I have made lots of actual arguments. I was pointing out that ICANT was not the only one that has failed to support the idea that owning guns is a natural right. I was trying to point out that those using the argument that gun ownership is a natural right seem to believe their argument is inane, as they have no support for it. So lets go back to your argument. What do you have to show that gun ownership is some sort or "natural right" and what affect does that have on our legal regulation of guns?Facts don't lie or have an agenda. Facts are just facts "God did it" is not an argument. It is an excuse for intellectual laziness.
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Taq Member Posts: 10085 Joined: Member Rating: 5.6 |
What I am saying is that you can't get the criminals to obey the laws we already have concerning firearms and it don't make any difference how many new laws are made they are not going to obey any of them. What I am saying is that criminals break laws all of the time. That is why they are criminals. Are you then arguing that we should get rid of all the laws that criminals break? If so, we wouldn't have any laws left. You are arguing for complete anarchy.
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Taq Member Posts: 10085 Joined: Member Rating: 5.6 |
I use upper case because it is used in the second amendment, so the Arms would be unlimited. Where did the Founders, or anyone for that matter, claim that the right to bear arms is unlimited? The courts have consistently ruled that the 2nd Amendment was based on existing philosophies which allowed for people to bear common arms, but not unusual or extremely deadly arms.
quote: Edited by Taq, : No reason given.
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ICANT Member Posts: 6769 From: SSC Joined: Member Rating: 1.7
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Hi vimesey,
I suppose that in your history books there are a lot of things left out just as many things have been rewritten in our history books. So that you may understand our passion for our firearms a little more I present the following"
quote:Source The colonist had firearms and thus had the right to keep and bear Arms. The British government sought to infringe upon that right and it caused a war to be fought. Guess who won. So the colonist paid for their right to keep and bear Arms by fighting and dying for their independence from an oppressive government. So the right to keep and bear Arms was paid for by the blood of many colonists and many wounded men. When the United States was formed the people decided they would reserve their right to own, keep and bear Arms in order to defend their lives and property against those who would try to relieve them of either. Since they had just had the experience with the British trying to confiscate their weapons they also wanted to insure that the newly formed government would not in the future try to do the same as the British government had done. They wanted to be prepared if such a case ever occured. So through the second amendment they reserved that right and forbid the Federal government from infringing upon the right of the people to keep and bear Arms. As I have said many times the second amendment does not create a right. It simply forbids the Federal government from infringing upon that right which the people already possessed, which was purchased with blood. God Bless,"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."
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