Hi CCJones: My new year's resolution is to take a more inclusive approach in forming partnerships to resolve conflicts, in order to write out a resolution to both parties by participating members to encourage the same thing, to include and not bully or discriminate against people by conflicting religious or political views which should all be equally protected and represented in fulfilling Constitutional principles and ethics.
I hope you will join with me and other members who are already making those efforts to be more inclusive, especially where we disagree and strive to correct the conflicts and/or respect that we have differences that should both be accounted for and not suppressed.
A.
The 2nd amendment was about protecting Americans from redcoats and indians. Since neither is now a threat, the 2nd amendment is now obsolete.
Nope, the Bill of Rights is 9 limitations on what government can do, and one final option. Jefferson was very clear that he knew that ALL governments grow corrupt and he wanted to make sure that the citizens of this country had the means to remove an illegitimate government.
Jefferson was not the only Founding Father, and the Framers were never of one mind as to any aspect of the Constitution.
Which is why the Constitution exists only in the context of its case law.
A1. Before Jefferson was born or said anything about government, the natural laws of human nature already existed. Do you agree that humans have a nature to defend free will and the right to consent or dissent? So this is the basis of Constitutional law, to try to define and protect the consent of the governed, and due process/right to petition to redress grievances to avoid oppression (and violent conflict that tends to erupt from political oppression left unaddressed), and thus the free speech and freedom of the press necessary to communicate to facilitate the democratic process and to educate people to have equal access and knowledge in order to strive for equal justice and peace in society?
I agree that many different people and views went into the writing of the Constitution.
local points such as Natives or defense against British who sought to disarm the colonists are EXAMPLES of why right to defense is necessary; but the underlying issue that existed before and has always co-existed with human nature is the natural law that people will seek to defend their will, whether this means life liberty property or religious/political belief.
how you want to express that right of defense, can be in any number of ways. historically, yes I'm sure the people back then made the same myriad of different arguments and justifications that we do today, and probably didn't agree either which was more critical.
But they did agree on the second amendment as written, even though some states did have local militia and some did not, and people back then likely didn't agree what each other meant in how this law was to be applied. they were coming from different situations.
B.
CCJ said:
And Second Amendment case law acknowledges a right to self-defense and the right to own a handgun pursuant to the right of self-defense, unconnected with militia service. By codifying an individual right of self-defense, the Second Amendment in no way authorizes armed rebellion against a Federal government subjectively perceived by some to have become ‘tyrannical.’
Indeed, the Second Amendment doesn’t trump the First Amendment, citizens first and foremost have the right to petition the government for a redress of grievances, to seek relief from government excess through the ballot box or the Federal courts, where citizens are not authorized to take it upon themselves to ‘take up arms’ against the Federal government without the consent of a majority of all the people of the Nation; to do so without the consent of the majority of the American people would be an act of treason and rebellion, not an act of ‘restoration.’
I agree with what I think you are saying, that even the militia is supposed to be "well regulated" the point being to enforce the Constitution not mayhem. So if you are saying the govt is not following the Constitution and due process, then the enforcers taking up arms would have to be upholding that authority in order to correct the ones out of line. And to have the authority would mean to be enforcing the Constitution and protecting due process that the govt is failing to do. you cannot violate the laws you are trying to enforce.
it should be orderly as possible.
only if the govt attacks without due process and then you defend yourself using arms, then it becomes a self-defense argument as to why you didn't have time to apply due process.
but this does not justify a preemptive strike where you start making war and attacks against govt without first seeking diplomatic redress of grievances. when petitions and due process are pursued orderly in the spirit of natural laws and the Constitution, this carries the weight of the people or the consent of the governed from which govt derives its authority. so such processes tend to go through successfully.
if you approach the process with political division that does not represent the whole of the people or the public, that is why it fails. it is just more political bullying by one group against another. unfortunately that is what we have going on now, even in Congress and through the President's office pushing onesided agenda that doesn't respresent the public.
to be fair, to be inclusive, I will also say that as many people felt that Bush was abusing his office to push policies that didn't represent a large number of taxpaying dissenters either.
in order to correct this, to DEFEND the Constitution, the authority of the public must be invoked and not partisan forces on one side vs another.
I think it would be easier to see the proper enforcement and application of the Second Amendment when you remove the partisan agenda.
You are both right that people defend and interpret the Second Amendment for different reasons and contexts that matter to them.
the true meaning is the right of defense, and for me believing in conflict resolution FIRST to avoid the need for armed threats of force as a security measure, I even interpret part of the Second Amendment as the right to legal defense as well for other people who do not use arms but use other means of "enforcing the Constitution" we shouldn't have to resort to arms to defend our rights, or resort to lawsuits, but should be able to enforce the laws without competing with bigger guns or meaner lawyers which is no guarantee.
so I take the right of defense much further than just the arms specifically stated
I believe the well regulated militia refers to enforcement of Constitutional laws and principles in general, and anyone has the right to defend these with or without force.
in the case of arms, I believe it is the duty and responsibility to enforce the Constitution as a condition of bearing those arms. so if everyone agreed to those terms, that would cover all the other cases of defending one's will, consent and right of defense in any conflict.
there would be no need to argue over each and every application this law applies to.