HollisHurlbut wrote:
This argument of yours is one of the most dangerous I hear regarding the meaning of the Constitution. I often hear it used to dismiss the second amendment, but it's also applied by some to justify their vision of how the Constitution as a whole should be instead of how it is. The excuse given is the same as yours, that two hundred years of societal evolution demand a different set of ground rules for government structure so we have to redefine the meaning of the Constitution in situ, without undertaking the drudgery and uncertainty of proposing amendments. While it may well be true that the Constitution is outdated and in need of change, the fact remains there is already a mechanism for making such changes built into the document.
The dangerous part of your argument comes into play when we realize that if the meaning of the words can be changed on a whim, then the words have no real meaning at all. We can apply your logic regarding the second amendment to the first amendment (for example) just as easily. Times have changed with regard to communications (speech) in the last two hundred years, comparatively speaking it has probably outpaced the advancement in personal weapons technology. Using your architecture of proper constitutional interpretation, it would be perfectly legitimate to exclude from first amendment protection anything beyond the quill and printing press. Or hey, times have changed, right? Maybe we don't even need any first amendment protections anymore so we can just disregard the whole thing. We don't need to bother with the consent of the people via state ratification of an amendment repealing it, because we can just say "times have changed" and use that as justification. What's that? People are pissed off about being denied their first amendment (former) rights? No big deal, because we've already dismissed the second amendment as obsolete due to "changing times" and there's nothing they can do about it.
with all seriousness, Hollis,
all the courts ever do is interprete the words of the constitution and the bill of rights.
Why ? Because unfortunately, we have none of the founding fathers here with us to tell us what exactly the specific articles mean with regard to
today's society.
And even if we did, are you so sure that he - knowing what we know today - would formulate them in exactly the same way than he did in 1789 ?
Even if you may think so, there is no fixed, forever-valid meaning of the words of the constitution.
I agree that some articles are basic provisions that should never be questioned, but others must be open to discussion and change. I appreciate when people know where they're coming from. But sometimes looking back prevents one from moving forward.
HollisHurlbut wrote:
Regardless of how advanced our professional army becomes, it remains impossible for them to instantly mobilize to any specific location in the nation in response to a threat. Nationwide decentralized military might is just as important as concentrated centers of large-scale operations. Even ignoring the advantages of dispersed power, the fact is that our military is very extended overseas, and this isn't an issue that dawned with the invasion of Iraq. The United States has military operations all over the globe. For example, on 9/11/01 there were 14 military fighters on alert to respond to any threat across the entire nation. Compare that to the number of deployed aircraft and airmen on that date. I don't know that number, but the idea that there were fewer than 14 aircrews operating that day, projecting our global reach, is laughable.
This could certainly be an argument for standing down our military posture overseas, but I sincerely doubt such a standdown would lead to any substantial increase in on-alert aircraft or 24/7 battle-ready units, given the relatively low risk of ground assault. Nevertheless, there remains a non-zero risk of a ground invasion somewhere in the United States. Until the military can get itself called up and deployed to that location, it is left to the local citizens (the unorganized militia, designated by federal law) to hold the line until help arrives.
in all seriousness, Hollis, tell me one nation, or group of nations, that currently has or will soon possess the economic, logistic, and military capabilities to launch a full-scale
invasion on the US mainland. Furthermore, convince me that such a nation or group of nations not only exists, but that it has the capabilities to launch such an attack on such short notice, that it would catch the US intelligence community and the armed forces by surprise. Let alone the rest of the world.
Come on, give it a try. Who is the big bad enemy your militias shall fight ?
You'll excuse the irony here...
HollisHurlbut wrote:
It may not be now, but who knows what future tyrannies we will elect? In addition, the use of firearms has in recent history been used in the United States to suppress tyranny and restore rule of law.
ah, the battle of Athens, he. I also did some reading up on this issue. Not everyone was in support of the GI veterans, it seems:
"There is a warning for all of us in the occurrence...and above all a warning for the veterans of McMinn County, who also violated a fundamental principle of democracy when they arrogated to themselves the right of law enforcement for which they had no election mandate. Corruption, when and where it exists, demands reform, and even in the most corrupt and boss-ridden communities there are peaceful means by which reform can be achieved. But there is no substitute, in a democracy, for orderly process." (NYT, 3 Aug 1946, p. 14.)
HollisHurlbut wrote:
The fatal flaw with this made-up justification is this: it just doesn't happen with enough frequency. If this were really the reason we wanted to keep our firearms, I can't help but think bodies would be piling up on every third or fourth house lawn.
But you were probably just being snarky.
ok, maybe I was being snarky. But let me ask you this: Why is it, that compared to other western nations, the US has such a high rate of gun related crime ? Why are there so many guns in circulation ? What is it - according to your own opinion - that americans love so much about their guns ? arguments please, not constitutional references
HollisHurlbut wrote:
There's (another) problem with your logic in this statement. The second amendment was contained within the larger Bill of Rights. The Bill of Rights isn't a list of rights granted by the government, but an affirmation of rights inherent in each individual by virtue of his simple existence. To suggest that certain rights enshrined in any of the first ten amendments could ever become obsolete is to ignore the foundation of our system of government: that Man is endowed by his Creator with certain inalienable rights.
ah, and at this point we finally reach the core of the issue: religion. Let me get this straight: you are honestly saying, that the articles of the constitution were sent down from god to the founding fathers as some form of revised ten commandments ?
I am sorry, but that is simply not true. As far as I know, your constitution was written by humans. Intellectual, maybe. Wise, surely. But still humans. It represents their
opinion about what they
thought would be a good constitution for the newly founded US. Those "inalienable rights" are their
perception of what they thought basic human rights would be.
They made some good choices, I'll give you that, but they were still human, and thus not free from error.
I ask you, how can you question my logic, when your argument is based on religious beliefs ?
As far as your last point is concerned, I'll gladly line out my approach to proper gun control. But not tonight. I spent too much time in front of the PC already.