martybegan
Diamond Member
- Apr 5, 2010
- 94,114
- 44,369
- 2,300
It's simple. If its a concept in the document, that concept can be expanded on, or clarified. Freedom of Speech isn't limited to printed material, or yelling in the town square, expanding it to electronic media is a natural extension. As for arms, what the founders wanted people to have was the cutting edge of personal firearms at the time, I see no reason why a citizen should be restricted as long as they are 1) not a felon or 2) not mentally adjudicated. Saying I can't have a semi-automatic handgun "just because I MAY go nutters" is infringement, and prior restraint.
How about full auto? A SAW light machine gun? Maybe a nice 50 calibur?
How about grenades? Rocket launchers? Anti-personnel mines?
These are all cutting edge weapons of the standard infantry.
There is no reference to abortion in the document. Thus, it falls to the States to set up rules for that. Same goes for SSM, there is no mention of it, and thus it Falls to the States. Strict construction-ism as I see it means you don't extrapolate 2 or 3 steps to create a right, or get rid of one "just because I feel like it".
The 9th and 14th amendment contradict that assumption. As you're using the constitution as an exhaustive list of rights. It isn't one. Its an exhaustive list of powers. And the lack of enumeration in the constitution doesn't mean that a right doesn't exist. As the 9th amendment make ludicrously clear.
Just as the Federalist Papers make it clear that its the role of the judiciary to interpret the constitution. And to overturn laws that violate it. With the 14th amendment extending this power to the States.
When power gets condensed further and further away from the people being ruled, it destroys federalism, and tyranny is a pretty good word to describe it.
Rights aren't powers. Nor vice versa. I have no problem with a government recognizing rights. As these are restrictions on government power.
We can eliminate grenades and such, as they are more like artillery, not arms. And crew serviced weapons are also usually not considered arms. What I dont see is government's right to say I can't concealed carry a 9mm handgun "because they feel like it". It's infringement.
But is it? Mortars would be more artillery. But grenades are hand thrown. A rifle is more artillery than a grenade is. Artillery is just large calibur guns. And a grenade isn't part of a gun. The interpretation of the 2nd amendment you're offering is the standard equipment of an infrantry man.
Grenades are pretty standard.
As are automatic weapons. SAW machine guns. Grenade launchers. Anti-personnel mines.
The constitution provides protection for rights, true, it does not create them. However it only protects the ones explicit in the document at the federal level, and incorporated to the states so the states can't prevent people from exercise protected rights in the federal document.
The constitution never says that it only protects those rights explicitly in the document. And I defy you to show me where in the constitution that passage is located. You'll find you imagined it.
On the contrary, the 9th amendment is quite clear that enumeration in the constitution is NOT a requirement for a right to exist.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
9th Amendment of the Constitution of the United States
And of course you already know this. You've read the 9th amendment. Making your 'only those explicitly in the document' nonsense all the more bizarre. As nothing in the constitution or constitutional convention backs your narrative. And the 9th amendment explicitly contradicts it.
Meaning you're wrong twice. The constitution is not, never was, nor was ever intended to be an exhaustive list of rights as you claim. Its an exhaustive list of powers.
However judges making up rights, and then considering it part of the document is laughable, unless you favor more power in the hands of less people. There is no reason other than "we wanted it" that allows the feds to say states cant ban abortion, or can't refuse to issue SSM licenses, its the will of 5 of 9 un-elected lawyers, nothing more.
The 9th amendment makes it clear that there are unenumerated rights held by the people. These rights, like any enumerated in the constitution, would limit government action. And the judiciary is cited by the Federalist Paper as the body to interpret the constitution. And decide when a given law violates it.
Far from 'laughable', defining the limits of government power under the constitution is the role and sacred duty of the government. You favor government power over rights....if that government is the State.
And as the 14th amendment makes clear, the State doesn't have the authority to violate the privileges or immunities of Federal citizens. Which every American is.
As I said, you don't favor liberty over government coersion....if that government is the State. You actively favor such coersino
A grenade is not an arm, stop trying to sound like you know what you are talking about when it comes to weapons ( a hint, you don't).
A grenade isn't an arm....according to who? You do realize that merely typing the words 'a grenade is not an arm' doesn't actually factually establish the assertion. Stop trying to sound like you know what you are talking about.
And artillery is a large calibur gun. Says who? Says the dictionary:
Artillery:
1
: weapons (as bows, slings, and catapults) for discharging missiles
2
a : large bore crew-served mounted firearms (as guns, howitzers, and rockets) : ordnance
b : a branch of an army armed with artillery
Definition of ARTILLERY
A grenade doesn't launch a missile. Nor is it a large bore fire arm. As I said, a rifle is far closer to artillery than a grenade is. But don't tell us......you know more than the dictionary?
And of course, what about machine guns? Automatic weapons? Missile launchers? These are all standard ground infrantry weapons. State of the art.
The 9th does not say the constitution has to protect it, just that they can exist. You really don't see the danger in letting a small group of people create "rights", do you? How naive.
You don't seem to get what a right is. A right is a limit to government action. You're insisting that the government doesn't have to be limited to limits to government action. You're literally arguing, with no exaggeration, that the government isn't required to recognize, be limited by, or abide rights of the people.
So much for your 'liberty over government coercion' horseshit.
The government cannot violate the rights of the people. And *no where* in the constitution does it state that a right must be in the document to be protected. You literally hallucinated that whole. It doesn't exist. And for the third time, I defy you to show me anywhere in the constitution this 'enumeration requirement' is articulated for rights.
You can't. You made it up.
Using argumentum ad absurdum to say I can't have a 9mm handgun is just that, absurd.
and since a grenade explodes, it really isn't an arm, it's an explosive.
A protected right is a right government cannot interfere with, without an explicit, compelling government interest, and then only in the most limited way possible. It's why felons can be banned from owning guns, but telling me I can't have a 9mm "just because" is unconstitutional.
The federal government only has the power given to it in the document, when courts decide they can make up rights, they are exceeding their role in the document, its that simple.
Also, you still seem to think government CAN violate the rights of those bakers, and you are A-OK with that. It shows your general hypocrisy on the topic.