Let's see if I can figure out where I left off ... I'm going to try to not rehash the same exact things over and over again, which means I may well reply to someone and not to someone else, by name, but hopefully I cover all the bases.
Regarding the Battle of Athens (the name does seem very melodramatic), it is an interesting footnote. I suspect that other means of resolving the issue could have been found, because I don't think it was necessary to resort to arms. But they did, and the outcome was correct. I don't think it proves anyone's point one way or the other, though. The thing I found most interesting is that they "borrowed" the keys to the local National Guard armory. I'm not sure if that word was used with irony or not.
7.62 wrote
Of all the rights in the BOR, are there any other rights which have prior restraint?
I think I addressed this a bit, but let me take another stab at it - and I hope this won't use up my entire break.
You, and others, are talking about speech and guns, for example, as if they are apples and apples. I see them more as apples and pears - related, but different. You cannot stop someone from speaking because of what they might say. That would be an unreasonable prior restraint. But with a specific firearm that Congress wants to ban, what is the alternative? I guess for most of the crowd contributing to this topic, the alternative is no bans at all, as that is the message that I've gotten from several respodents. And that's fine for your opinion. But I don't think civilians have nay need for those .50 cals or any of the other "poster child" weapons (like the Uzi, the AK-47, the M-16, etc, that everyone brings up time and time again). So if it is prior restraint to ban these weapons entirely, then in this case I support prior restraint.
If you feel any ban is bad, then we have nothing to discuss because our views diverge too much. The view I'd like to hear about is from that person who thinks that we can ban a weapon but how to do that without the taint of prior restraint.
MoparMike asked
Why do you believe that our government is so benevolent?
The honest answer is that I know that the government can be corrupt, because it is run by people who can be corrupted - I'm not naive. But I have faith in the system as a whole - that in the long run, it works. And I have that faith because I've seen our history over the past 200-some-odd years, and though the bumps in the road are certainly, undeniably there, we are where we are now, which is a pretty damn good place. The people in the government are like you and I - they are good Americans, patriots, lovers of our freedoms. I don't see them, en masse, turning all of that on its head. And please, please, please, remember that I am
not talking about disarmament. I am only talking about some regulation. I keep being painted (either directly or by association) as wanting to take away everyone's weapons. This is not what I advocate by any means.
grampster wrote
Lately we have seen the Constitution and BoR changed by fiat of the courts, which is drastically wrong, imho
Please note that I am not talking about using the Congress or the courts to change the Constitution. I am talking about a Constitutional Amendment, which would be proposed and ratified within the parameters that you recognize. Hence, there would be lots and lots of debate on my proposal, and in the end, it would look somewhat different from the way it is now. Again, my proposal is just an impetus for debate, an idea.
how much better would we be if we fully accepted that we need to change or conserve our civil society around the precepts as written and understood.
I don't
think you're advocating a return to the "good old days" of the 19th century - society evolves. Our Constitution has, through our own faith and the foresight of the Framers, evolved with it. At the same time, it would be entirely recognizable today to one of the Framers. No other country in the world can say the same. That's because it is not law (per se), it is a framework for the law. There have been skips and bumps, but it endures because it needed so little modification from its original. Yet we have not become stagnant. That's ver significant.
The Federalist Papers are rife with the belief that the common man would be involved.
Actually, much of the original Constitution insulates the government from the common man - some of that is retained today. The Framers knew the common man had to be involved, but he was not to be fully trusted. I think if nothing else, this proves that they did not put enough faith in the common American (changed by me because "he" is not longer just a "he").
jimpeel wrote
That unbridled power can be up to and including the absolute banning and confiscation of every firearm in America except those in the hands of the police and military.
That was never, ever the intent of my proposal, and if that could be allowed, it would be a fatal flaw in my proposal. My feeling is that "reasonable" laws could never remove every firearm from every citizen. However, I have no way of knowing this for sure, as the word would seem to allow too much wiggle room. I have made some modifications on my site because of these concerns.
As for a national police service, I just don't see it as workable, regardless of what Schumer might have written. Law enforcement of the scope which local police forces now do is far too granular to be effectively done on a national scale. I think the divisions we have between local and federal law enforcement are about where they ought to be right now.
Mark Tyson wrote:
we see firearms ownership as a fundamental component of liberty.
Just to be clear, so do I. I fear that point may be lost in all of the rhetoric. No where to I advocate the elimination of the right to bear arms. And I only support the repeal of the 2nd Amendment when its replacement would be less ambiguous.
My point is: any gun useful for hunting, sport or self defense can also be misused.
Of course. As can a butter knife (a favorite counter to any gun control idea is to say "well, you better ban butter knives, too, because they can kill, too!" Please.). But just as you don't use a machete to spread butter on your toast, I don't see any reason to have a fully automatic weapon to hunt with or to protect your home with. Misused, a handgun or rifle can kill - misused, other types of weapons can kill more. I don't think we need to go back to muzzle-loaded flintlocks, but I don't think you need the Special Force's weapon of choice either.
Balog wrote:
Using the logic you display here, we should ban all cars capable of going over 75 mph for street use.
Maybe not 75 - but no one has a need for a street car that can hit 100, do they?
Tobacco truly has "No use except for killing people."
Does it truly have no other use? I'm no botanist... but it would not bother me one bit to see all tobacco products banned. Might save us all a heap of money.
Of course, I see where you're going with all this, but I think you're getting into apples and oranges (as opposed the apples and apples or apples and pears). We cannot protect ourselves from ourselves in every way. Nor would we want to. But we can make it harder to kill a dozen people with a spray of bullets, can't we? And in any case, I again note that I am not advocating disarmament.
Owning arms is an inherent, God-given right that I possess simply by existence.
Sorry, but this kind of statement, which I've heard and seen many a time, makes me chuckle. The God that I was raised to know probably has a hissy fit any time someone invokes His name in the same sentence as guns. If He wanted us all to have guns, we'd get one instead of a big toe.
Wow - four pages now? Sigh....
Thumper said:
Well, Mountain has made it plain that he(?)'s a Constitutional Scholar (10 whole years) who believes in prior restraint.
Yes, he. And I think I've explained my position on the prior restraint issue far enough. Did I call my self a Constitutional Scholar? Certainly a student of the Constitution...