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Reply #29 By: Citizen Grim Xiozan - 10/23/2004 12:55:06 PM

Let a man more learned than I on the Constitution say something about this.

Michael Badnarik on Gun Control:

"If I have a "hot button" issue, this is definitely it. Don't even THINK about taking my guns! My rights are not negotiable, and I am totally unwilling to compromise when it comes to the Second Amendment.

Let me reiterate an axiom of my philosophy. Rights and privileges are polar opposites. A right is something that I can do without asking. A privilege is something that a higher authority allows me to do. It is utter nonsense for us to accept government permits in order to exercise an inalienable right. Allow me to point out some fallacies in the arguments frequently used by the anti-gun movement.

First, it is impossible for the Second Amendment to confer a "community right", because communities HAVE no rights. Individuals are real. Communities are abstract concepts. You can have individuals without communities, but you cannot have communities without individuals. Ergo, individuals must come first, and only the individuals that make up a community can have rights.

Second, the phrase "well regulated militia" is frequently misconstrued to mean:
a. lots of government regulations; and,
b. only the National Guard is allowed to carry guns.

It is necessary to understand the definitions common in America during the time of our war for independence. "Well regulated" used to mean "well prepared". Every man was expected to have a rifle, one pound of gun powder, and sixteen balls for his weapon. He was also expected to be ready to USE that rifle within sixty seconds of the alarm being sounded. Hence the term "minute man".

It is disingenuous for anyone to promote the argument that "militia" refers only to the National Guard in light of the fact that the Bill of Rights was ratified in 1791, and the National Guard wasn't formed until the early 1900's. This argument is totally without merit, unless you want to imply that our founding fathers were able to predict the future.

I sincerely believe that statistical evidence supports the idea that crime increases exponentially wherever gun control is instituted as the governing policy. Washington DC, New York, Chicago, and Los Angeles have the strictest gun control policies in the United States. The cities with the highest murder rates are Washington DC, New York, Chicago, and Los Angeles. It doesn't take a PhD to be able to draw the proper conclusion from this evidence. England and Australia have recently instituted strict gun control measures, and both countries have seen the statistics on violent crime quadruple. In contrast, I am told that the city of Kennesaw, Georgia passed a municipal ordinance that requires homeowners to have a firearm available. Home invasions have dropped to less than 10% of their original rate, indicating to me that criminals value their lives more than they value your property.

I have no doubt that members of the anti-gun crowd would be happy to offer statistical data which appears to contradict the numbers I have just mentioned. Even if they could, their alternate statistics are not enough authority to strip me of my inalienable right to keep and bear arms. My rights are non-negotiable. I don't care if someone else doesn't like it. I don't care if they toss and turn at night, anxiously worried about what I might do with my firearm. My rights are not predicated on whether or not you LIKE what I'm doing. You only have a complaint when I present a "clear and present danger", which is not the case if I have my firearm in a holster.

Repealing unconstitutional gun control laws will be one of my first priorities as President of the United States."

What will you type about Gun Control and 2nd Amendment now?

I just find it terribly interesting that people focus on the 2nd amendment is all. What I believe is that the current state of today's society (high crime, illegal guns, school shootings, etc.) practically demands some form of at least logical thought on this whole gun issue. Why? Take a look at what's happened with another of the constitutional amendments: the FIRST one.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

According to this: 1) No law respecting an establishment of religion = no national religion; 2) or prohibiting the free exercise thereof = laws against religion are unconstitutional; 3) or abridging the freedom of speech, or of the press = censorship in any form is unconstitutional; 4) or of the right of the people peaceably to assemble, and to petition the government... = arresting someone for peaceful protest is unconstitutional.

If I were a strict constitutionalist, this would be my point of view. I'd also probably agree with Mr. Badnarik on the second amendment issue. However, time and time again we must face reality. The reality of the constiitution itself is that it was written in incredibly vague language, such that countless lawyers, scholars, and even regular people like you or me have looked at it and tried to figure out just what exactly it means. So unless we are somehow able to clone Ben Franklin, Tom Jefferson, John Adams, and the like, we'll probably never know. History tells us the constitution almost never was. The main reason it was ratified was because of a last minute addition in the form of the Bill of Rights. It's interesting to note that, when most Americans refer to their "rights," they're speaking specifically of the Bill of Rights.

Strictly speaking, the first amendment seems to be a bit of a grey area for some people. I know a lawyer would point out it says "Congress shall make no law," which means that practically anyone else can make a law, rule, or regulation in regards to the first amendment. This is why we have the FCC. However, I just looked this up on the FCC's web site: (Link) "The Federal Communications Commission (FCC) is an independent United States government agency, directly responsible to Congress. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions." Note it says "directly responsible to Congress." Interesting. One could get into many arguments about this but it seems to me that they have to defer back to Congress before making regulations. Which means Congress is responsible for making laws abridging our first amendment rights?

A harsh reality to deal with in this case is human nature. Americans, in general, have decided what is "common decency" and the like (hence the whole fracas over Janet's "wardrobe malfunction"). The fact of the matter is we need and want agencies like the FCC. Why? Because enough people don't want to see or hear certain things. Aside from this, another good concept (again, based on human nature) to deal with here is yelling "fire" in a crowded theatre (assuming there is no fire to begin with). This isn't considered free speech. Why? Because it's just plain stupid. Another example is using "fighting words." Under the law, this is basically Assault. Why? Because people, like it or not, have feelings. And you can't just run around saying whatever you want without expecting someone, somewhere to get pissed off. So we have here a few examples of how the first amendment, at least in the case of "freedom of speech," has been interpreted by Americans via laws, rules, and regulations. I'd get into the whole religion deal but let's move on.

Another harsh reality is how technology has evolved since the constitution was penned. Today we live in a world that would probably seem baffling, at best, to someone out of the 18th century. Take guns for example. A rifle used to be a simple weapon in 1776. Even though it was commonly used for protection, it wasn't terribly accurate. Today, this same rife has been replaced and augmented to the point where it would be almost impossible NOT to kill someone. With automatic weapons thrown into the mix, we're talking a vast potential for lethality. Here's a good article on this sort of thing: Link. I suppose the blame here isn't so much on the weapons themselves but the people carrying them. This is why law exists in society in general: to regulate human unpredictability. Do you prefer a lawless society? I sure don't.

One last thing: I don't see anyone in today's society concerned about our THIRD amendment rights. Why do we tend to focus on one or the other of the first two amendments? Why not the whole Bill of Rights? I won't answer these questions. I'll leave it up to you.

Comments
on Oct 23, 2004
Here are the Bill of Rights, amendments 1-10 in case somebody does not know one. Pulled from Link
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Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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Amendment II

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.
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Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
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Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
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Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
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Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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Amendment Three is cut and dry though, no civilian will be forced to quarter or provide a living space for US Soldiers in the civilian's home in a time of war or peace.

1 and 2 are focused on a lot because they have a lot more to do with your daily life than the rest of them, plus they are more open to interpretation from people who want to infringe on those rights.

Though Amendment Ten gets abused daily by the Federal Government.