General Discussion
In reply to the discussion: what if.....? [View all]Amimnoch
(4,558 posts)So, Bill Gates want's to buy a few Nuclear warhead ICBM's. That's falls under "arms". Is he constitutionally protected to do so??
2nd Amendment: ""A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
All the pro gun crowd tend to completely forget that first clause. "well regulated"- right there we have the authorization of regulation. It is not, as written, a blank clause for unlimited access and ownership.
Then, there's the second clause of it stating "being necessary to the security of a free state". It is very easily argued, that as a new country, most of which was frontier and had a very low level of development, there was a necessity for a musket wielding population to ensure the security of a free state. Here's a hint, we are no longer in 1776. The entire nation is developed, well established borders are in place, and there is no threat to to the security of a free state. Additionally, any threat to the security of a free state that today's highly advanced military couldn't handle, no amount of gun toting civilian population is going to have the capability to thwart.
Additionally, even the tenants of the first amendment.. the prime amendment of guaranteed freedoms is not without legal regulation. No law regarding an establishment of religion, yet since Bradfield v. Roberts (1899) there's been a number of laws regarding established religion and their place in our society and what they can/can't do with regards to the government. The first amendment clearly states "prohibiting the free expression thereof" which had traditionally meant anyone could pray and lead prayer anywhere. Now, there are laws and interpretations in place to separate prayer from publicly funded and official places. A great step forward at that imo.
Freedom of speech and the press? Ever heard of libel and slander? Not rights without limit.
As you say.. "The fact that this has to be explained time and time again gives me a fucking headache."
Yeah, I agree.