martybegan
Diamond Member
- Apr 5, 2010
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It isn't absurd. Strict construction-ism isn't literal construction-ism. That you have to pull that card out shows you either don't really understand it, or don't want to understand it.
One can account for changes in technology without using the amendment process, however when one changes concepts radically, or adds entirely new ones to the purview of the federal government, the amendment process has to be used.
Anything else is tyranny.
You're almost correct, maybe I don't understand the ideology.. How can one account for changes in technology (i.e.semi automatic firearms with a rate of fire - depending on the shooter - of 45 - 60 RPM) today which provides such power? Power unheard of in the 18th Century in a gun easily concealed and carried by a single person.
I guess i'm not the only one to be confused, are you a literal or non literal strict contructionist? Or maybe you are an Originalist or a Textualist? Please, let us know, for most of us simply read English without bias and understand words and phrases written in the 19th, 20th and the 21st centuries must be understood in the context of the times they are written.
As for your use of the word "tyranny", I find that to be way beyond hyperbole and in the ball park of Ignorant paranoia. That's not an ad hominem, its a valid conclusion given the historical reality of tyranny by despots and kings.
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.
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".
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.
Here's a thought (re your first sentence). Art. I, sec 8, clause #1 states a concept: "The Congress Shall have Power ... and provide for the Common Defence and general Welfare of the United States".
Thus, it seems the concept of the general Welfare, given current events, will be best served by expanding it to include gun control measures.
Spin that Marty.
One can also say it would improve "General Welfare" if we removed trial by jury, right to representation, and the right to be secure from searches without a warrant. Wouldn't that make law enforcement's job sooo much easier?
General welfare arguments are nothing more than a crutch used by people who can't justify something, so they run to a vague statement and hope for the best.
General Welfare is in the same sentence as provide a common defense and secure the blessings of liberty.......all are evidently important to the founders
Promoting "General Welfare" does not allow the government to ignore other parts of the constitution. You want to take a vague statement and use it to override a very very clear one.
Again, one could say Gitmo is acceptable under "general welfare", would you agree to that?