Originally posted by wytworm
I do not think that was an accident. I think they intended that the finer points would shift over time and be rightly the matters of debate...
...you have to concede that the framers were not talking about fully automatic weapons. They could not have been. They didn't exist.
You're correct...They couldn't have forseen automatic weapons. However, they did forsee that the government would eventually try to take Power from
the People & needed to be certain that the People would be able to have similar weaponry as the Federal Military...To back up the superior
possessed by the People, which would make government resistance futile. This is precisely the same reason that the government tries to
"abridge" the Peoples' Right to keep & bear arms. As quoted by Thomas Jefferson, "The People...are the only sure reliance for the preservation of
Another example falls under the Right to Life, Liberty & Pursuit of Happiness (in this case, liberty & the pursuit): The Supreme Court has ruled the
Right to Travel Freely as one of the Rights not specifically enumerated in the Constitution itself, but grant that it was intended
People. According to that Right, you can buy a vehicle of contemporary style & expect not to have it registered, licensed, etc. because that would be
an "abridgement" of the Right to Travel Freely.
However, if you register the "automobile" (this is a general class that would include pickup truck, SUV, or any kind of conveyance that you intend
to use for personal use only
), you enter into a contract that signs ultimate ownership of that auto to the State (specifically under the
State-level Department of Motor Vehicles)...Which they automatically re-classify it as a Motor Vehicle (a vehicle used for commercial or business
purposes). From there, the State can & does
force you to license it & yourself to drive it...Because you have just signed a "Waiver of your
Right to Travel Freely" & the State replaces your Right with State-sponsored "privileges." The registration, liscensing, etc. is only
if you intend to use your "motor vehicle" in the course of conducting business to earn some kind of gain or profit.
The Right to Travel Freely means that you are a "traveler" in your "automobile" using public roads for the purpose of traveling and/or
transporting your personal property. Once you've gone through the whole State-sponsored schmeer, you become a "driver" or "operator" in a "motor
vehicle" for conducting business...It's all a matter of the legal terminology & nothing more!
In order to get around those registrations, licensing, etc, the best way would be to sign every document in a particular manner...Wherever they need
your signature, you should write these two phrases right next to your name: Under Duress & All Rights Reserved. The "duress" involved is the
State's threat to fine you, incarcerate you/etc. if you would otherwise get caught "driving without a license," "driving an unregistered
vehicle," etc. By including "All Rights Reserved," you can maintain your Constitutional Right to Travel Freely in the courtroom & make sure that
you can appeal to a Federal Court. The Supreme Courts have already established precedents in previous cases to support your Right.
In the case of the Right to "keep & bear arms," the possession of modern arms is the same as your acquisition of your "automobile," & that Right
cannot be "abridged" by the State...Or the Feds, for that matter.
As I've said before, the Framers of the Constitution, the Founding Fathers & the administrations that followed immediately after them always tried to
"err on the side of personal freedom."
Originally posted by Vitchilo
And for the second amendment, back in 1776, private citizens had cannons, so nowadays, state militias should be able to have rockets launchers and be
able to defeat the US army in a war... so we can have a free state. But of course nowadays, the state militias are under federal orders.
Ah, but as I've already indicated, the Framers of the Constitution considered a "militia" to be any group of Citizens with the capability to arm
themselves for mutual defense...It did not
require any State or Federal sponsorship! Of course, that same Amendment did
State to form their own Militias, but the People themselves could also form militias!--Yes, the use of capital letters in specific terms is
! Remember that I've already mentioned that the Constitutional scholars of today use the specific definitions of the time period
because that's the reason the Framers would have used
that terminology in the first place. Even as the language itself changes over time, the
People of today must learn the intent
of the Framers by their use of the language
Originally posted by Snap
I have another big one for you:
Remove the govt's ability to pass "emotional response" laws. There should be more logic and reason in the passage of laws and less religious
fanaticism and knee-jerk reactions.
This is already covered in the Constitution...Specifically, the Bill of Rights, Amendment 10:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or
to the people.
This means that, if the Feds can't do it, the States can...Except for certain Powers denied to the States...If neither the States or the Feds can do
it, then it's up to the People! Notice that, when combined with the First Amendment, not even the People can "vote away" their own Rights the way a
Democracy does. This is why the Framers also included Article 4, Section 4:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against
Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
*****Bold Emphasis is mine*****
They included this because they feared
Democracy & knew
that a Democracy is nothing less than Mob Rule, where 51% of the population can
vote away the Rights of the other 49%. All Democracies fall into tyranny, as proven by history (look at Hitler's Germany for a prime example)! This
is why America should not
be a Democracy & should never engage in the "spread of Democracy" anywhere else in the world!
Everything I've mentioned in this post about paying attention to the laws & how they zig-zag around the Constitution is better covered in another
thread: Attention ATS! Know The Hidden Meanings Behind the Laws in America, Before it is
. There's also a lot more examples there & supporting links to start with some leads for further research.
[edit on 18-5-2008 by MidnightDStroyer]