This has changed. The 2A has only recently been made relevant for the state and local governments.
Basically you need to write something to suggest that a right cannot be violated.
1A says "Congress shall make no law"
3A says "No soldier shall"
4A says "shall not be violated"
5A says "No person shall" "nor shall any person"
6A manages to not do a negative
7A also
8A says "Excessive bail shall not be required"
9A says "shall not be construed"
Seems like the Founders wanted to mix up the wording a little bit. However Congress can make laws prohibiting free exercise of religion for those after due process. By locking them up it can limit their religious freedom. It can also decide which religions aren't really religion and prohibit such practices, like ritual executions for example.
All of these Amendments have limits.
But, those limits are only placed on those who have been found guilty of a crime and have lost their liberty.
Of course all rights have limits if the specific manner of exercising those rights infringes on the liberties of others.
Carrying a gun, in and of itself, does not infringe on the liberties of others.
Keeping a machine gun does not, in and of itself, infringe on the liberties of others.
Free speech is limited if it infringes on the liberty of others, like putting someone in direct peril by yelling fire in a crowded theater, causing people to be trampled.
The free exercise of religion is also limited if one's religion demands human sacrifice.
Due process is required before limiting one's rights, but due process alone is not sufficient. There must also be a case-specific, compelling reason for such a limit (like criminal prosecution and conviction). Otherwise, no rights are preserved.
Yes and no
Bootney Lee Farnsworth and
frigidweirdo
1. with citizens bearing arms for defending law, for lawabiding purposes,
that is within the law
2. the question is people who "disrupt the peace" or "threaten security of others"
because they don't have law abiding intent and purpose, but intent to violate laws.
How do we police THAT without violating the due process/liberty/rights of LAW abiding citizens
and only screen out the DANGEROUS people who if they got into guns WOULD abridge
the right of others to safety, security and protections of the law?
We don't agree how or where to screen out the DIFFERENCE between these two.
So that's why one side argues:
you are going too far and penalizing/depriving law abiding citizens by the overreaching way you are applying the laws to restrict guns from abusers who aren't seeking to defend laws
And the other side argues:
you aren't protecting citizens from abuse of the law in the hands of criminals
The solution I recommend is to work with local districts,
between police and teachers unions, civic associations per neighborhood,
and district, city and county officials including party reps.
And work out a plan for training and screening people so these
residents in each community have an agreed plan and process among THEMSELVES.
It cannot come from the top down IMPOSED on residents
or it gets into the debate on who has authority to decide for others.
The PEOPLE affected by the local policy need to decide democratically
among themselves.
So this will include BOTH schools of thought, input from all people affected
IN THAT REGION regardless if they believe more liberal or conservative
approaches to Second Amendment rights and govt regulations.
If we break it down locally, then people have a chance to work out
a policy that assures their rights AND safety without compromising one for the other.
A good mediated agreement tends to end up with both sides giving and taking equally.
They end up finding alternative ways to resolve objections, so the sides agree it is fair,
but it usually ends up with solutions that neither side started with, but a mix of ideas they can agree on.
This is best one locally because of diversity of individuals in each district.
But the best ideas from one district can be adapted by others if they work.
They will still vary, in order to include the representation of the people actually affected.
Local police already have their own Mission Statements.
the HPD mission statement is linked here
www.ethics-commission.net
So this is already localized per police, and can be expanded to each community
that hires their own police similar to campus security.
Frankly if I were a teacher or police working in a district,
I would get with my UNION and collectively DEMAND that "as a condition of employment"
in order for workers to be SAFE in a district, all residents would have to
sign agreements to follow laws, be trained to comply with procedures to avoid violent conflict, including training and access to a grievance/mediation process for reporting abuses by anyone,
and agree to screening and counseling for any complaints of abusive or addictive disorder deemed a threat by the local ordinance standards *the residents AGREE to pass and enforce.*
It has to be agreed locally, or the same argument comes up as to who has authority to dictate to others. Nobody does when it comes to PRESCREENING for dangers or abuses BEFORE any crime is committed. Preemptive/preventative policies should be VOLUNTARILY agreed to as the standard for that school campus or district that the police and residents set up for THEMSELVES.
The LAPD mission statement mentions "voluntary compliance"
so we can learn and borrow from other models
how local police apply Constitutional enforcement
to public safety at a local level. And each community would need to
work this out with their local police and AGREE what standards
and procedures to enforce and comply with so everyone agrees it is fair, safe and respects rights equally.
Both the right to bear arms, the right to due process and not depriving people of liberty
who aren't breaking laws, and the right to peace and security.