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In reply to the discussion: Seven in Fourteen [View all]X_Digger
(18,585 posts)65. You're missing the primary concept. No rights are granted. Rights are protected by the BoR.
You can replace one word for another to your heart's desire, but if you miss the actual concept we're discussing, it's patently useless.
Regarding your interpretation of 'the people' - you need to read US v. Verdugo-Urquidez:
'The people' seems to have been a term of art employed in select parts of the Constitution... While this textual exegesis is by no means conclusive, it suggests that 'the people' protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community...
Hell, try Justice Stevens in Heller-
The question presented by this case is not whether the Second Amendment protects a collective right or an individual right. Surely it protects a right that can be enforced by individuals.
When Madison proposed this amendment to the constitution, would you similarly assert that he was establishing a "collective" right?
"The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable."
Or the PA state constitution- "That the people have a right to bear arms for the defence of themselves and the state..."
Was that similarly "collective"?
Utter balderdash.
Regarding the militia clause- If I said, "I'm out of soda, I'm going to the store." -- Would you assume that stores only sell soda, or that I was only going to buy one item? The militia clause is the reason that the right is protected. It in no way limits the right to that purpose, no more than the contents of my shopping list limits what the store sells or I might buy.
This gets back to your misapprehension about 'granting' rights. If the right pre-dates the constitution (it does, see US v Cruikshank), then how can a protection for one purpose limit it? It does not follow.
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"Now? It barely makes a ripple." DU will now lock shooting threads in LBN as local news.
Thor_MN
Jan 2014
#89
After the Newtown, CT slaughter I am convinced that the NRA and its supporters believe that
AlinPA
Jan 2014
#17
Get 3/4 of Congress and 38 states to agree with you and you're good to go.
friendly_iconoclast
Jan 2014
#18
"...a proxy for sadistic death mongers" More Billy Sunday-style culture war from you lot
friendly_iconoclast
Jan 2014
#86
Umm, think on what you just said, in the context of the discussion we're having.
X_Digger
Jan 2014
#40
*sigh* The second amendment (the whole bill of rights, acutally) grants *NOTHING*.
X_Digger
Jan 2014
#59
You're missing the primary concept. No rights are granted. Rights are protected by the BoR.
X_Digger
Jan 2014
#65
The primary concept is not whether the bill of rights 'grants' or 'protects' our rights...
Blanks
Jan 2014
#88
Does the fact that the first protects an individual right keep restrictions on speech..
X_Digger
Jan 2014
#92
Point was that the first (or second) being an individual right has no bearing..
X_Digger
Jan 2014
#96
The "my Mac 10 will protect me from government tyranny" canard is now laughed at
Doctor_J
Jan 2014
#101
Things aren't as bad as they could be and can still be changed peacefully
friendly_iconoclast
Jan 2014
#102
MLK probably thought that there would not be a black president in his lifetime.
Nye Bevan
Jan 2014
#39
The poster you are replying too simply seems to be saying that we should repeal the 2nd Amendment.
Nye Bevan
Jan 2014
#24
So (and I am not trying to be snarky here) if the Second Amendment was repealed,
Nye Bevan
Jan 2014
#31
The right to keep and bear arms, yes. You filled in the rest of that straw on your own.
X_Digger
Jan 2014
#46
As long as you don't argue all rights flow from the government, we won't have a problem.
X_Digger
Jan 2014
#50
Most of Europe does not consider the right to bear arms a pre-existing right
Bjorn Against
Jan 2014
#57
And screw the fact that we have the highest prison population in the world, that is not freedom
Bjorn Against
Jan 2014
#66
So if our culture is homicidally violent as you claim then how do you explain the drop in crime?
Bjorn Against
Jan 2014
#68
Our culture is homicidally violent, but less so now than 20 years ago. See how simple that was?
X_Digger
Jan 2014
#69
Demonstrates that even with no gun control in either city, there was quite a difference in homicide.
X_Digger
Jan 2014
#71
Correlation (smoking and inmates) does not imply causation (smoking causes crime).
X_Digger
Jan 2014
#73
So if we had 1 day of school and had a shooting we'd have 100% school shootings.
Auntie Bush
Jan 2014
#48
It's not going to change til the 2nd goes, and that's not going to happen.
Donald Ian Rankin
Jan 2014
#104