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#77 Oct 28 2010 at 6:42 PM Rating: Excellent
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gbaji wrote:
Deciding what constitutes "arms" within the context of the 2nd amendment? Yes. Deciding that the second amendment itself just isn't relevant and shouldn't be enforced? No.

Except that's not what he said. Is it easier to debate when you're just making up your own arguments?
Red previously wrote:
The right to bear arms in order to protect the people against tyranny of government made sense when it was written, as it was a response to very specific and present threat. It doesn't anymore. You can still justify the right to bear arms for a host of reasons (protection against criminals, freedom, w/e), but the context in which it was written has changed so much that no one could seriously argue that rednecks owning a shotgun somehow protects anyone from governmental tyranny. Governmental tyranny has changed, in its methods, purposes, and incarnations, and muskets simply don't cut it anymore.

He's not saying that it shouldn't be enforced or that it should be abolished, he's saying that viewing it through the spectrum of defeating the government is probably obsolete. He's making a specific example of changing technology making it difficult to make blanket assumptions about the intent of the writers of the Constitution.

The First Amendment protects the right to free press and speech. So should I be allowed to violate copyright laws? Shouldn't Pirate Bay be allowed to openly operate from New York City if they wanted? Hell, they should be allowed to sell stock on the NYSC if they wanted. Isn't that what the First Amendment allows? Or, maybe, is there a point that being 200-odd years into the future of a document's writing might mean some things have changed? Do we need to change the First Amendment now to make specific reference to online file sharing or is interpretation of the Amendment enough? Because, from what I hear, that's all activist weakening of it and stuff.
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#78 Oct 28 2010 at 7:23 PM Rating: Default
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Jophiel wrote:
gbaji wrote:
Deciding what constitutes "arms" within the context of the 2nd amendment? Yes. Deciding that the second amendment itself just isn't relevant and shouldn't be enforced? No.

Except that's not what he said. Is it easier to debate when you're just making up your own arguments?


I suppose it would be, however that is essentially what he is arguing. Let me explain to you why:


Jophiel wrote:
Red previously wrote:
The right to bear arms in order to protect the people against tyranny of government made sense when it was written, as it was a response to very specific and present threat. It doesn't anymore. You can still justify the right to bear arms for a host of reasons (protection against criminals, freedom, w/e), but the context in which it was written has changed so much that no one could seriously argue that rednecks owning a shotgun somehow protects anyone from governmental tyranny. Governmental tyranny has changed, in its methods, purposes, and incarnations, and muskets simply don't cut it anymore.

He's not saying that it shouldn't be enforced or that it should be abolished, he's saying that viewing it through the spectrum of defeating the government is probably obsolete. He's making a specific example of changing technology making it difficult to make blanket assumptions about the intent of the writers of the Constitution.


Except that the rationale written directly into the amendment itself justifies the right to keep and bear arms as one necessary for free society. The amendment does not say that we have that right so we can protect ourselves from criminals, or to hunt for food. Thus, while the alternative reasons may be valid, they are not what the amendment says.

My point all along is that he's arguing to change the amendment itself, not just the interpretation. Changing the interpretation of what types of arms one might need or should be allowed to have in order to form into a militia to preserve liberty is still within the bounds of the amendment as written. That's a legitimate area in which courts can rule.

But he's saying that the entire purpose of the right itself should be changed. That's a complete re-write Joph. And if that's how people actually feel, then they should be pushing to amend the constitution to change the second amendment to say something like "The need to protect one's home from criminals and to hunt for food being necessary for security and survival, the right to keep and bear arms for that purpose shall not be infringed".


You can't go from the words currently in the 2nd amendment to "we should only allow firearms for the purpose of hunting and home protection". You just can't. That rationale itself is completely at odds with that of the original amendment. I'll point out again that I don't agree that the same need to be able to form into militias to fight against tyranny is any less relevant today than it was then, but in addition to that, if you think that's what the law should say then you really do have to actually change the law itself.

Quote:
The First Amendment protects the right to free press and speech. So should I be allowed to violate copyright laws? Shouldn't Pirate Bay be allowed to openly operate from New York City if they wanted? Hell, they should be allowed to sell stock on the NYSC if they wanted. Isn't that what the First Amendment allows? Or, maybe, is there a point that being 200-odd years into the future of a document's writing might mean some things have changed? Do we need to change the First Amendment now to make specific reference to online file sharing or is interpretation of the Amendment enough? Because, from what I hear, that's all activist weakening of it and stuff.



Except that none of those other things actually violates the original intent of the right of free speech Joph. The equivalent change to the first amendment would be something like insisting that there is no longer a need to allow people to operate their own printers since no one reads on paper anymore anyway. Same with books. We'll outlaw those. You can get all your information online, and that's just as 'free', isn't it?


See how well that flies Joph.

Edited, Oct 28th 2010 6:25pm by gbaji
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#79 Oct 28 2010 at 7:33 PM Rating: Good
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This thread was genuinely interesting until gbaji started posting.

I want my money back.
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#80 Oct 28 2010 at 8:26 PM Rating: Excellent
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gbaji wrote:
Except that none of those other things actually violates the original intent of the right of free speech Joph.

Hey, you mean the intent of the Framers is open to interpretation especially when set against changes in the modern world? Because the only thing the amendment says is free speech and free press.
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#81 Oct 28 2010 at 8:57 PM Rating: Decent
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Jophiel wrote:
gbaji wrote:
Except that none of those other things actually violates the original intent of the right of free speech Joph.

Hey, you mean the intent of the Framers is open to interpretation especially when set against changes in the modern world? Because the only thing the amendment says is free speech and free press.


Sure. And as new methods of speech and press have been invented, the courts have consistently ruled in ways which protects and extends those freedoms into those new areas. At no point have they ruled that since a new method of speech has occurred, that old methods which were once protected no longer are.


But that's essentially what Red (and others) are arguing with regard to the 2nd amendment. They are saying that since the nature of weapons and war have changed (and perhaps politics? It's unclear what they think has changed so much, human nature perhaps?) that the need to protect the rights to bear arms no longer applies. That would be equivalent to saying that since blogging exists a broader right to print pamphlets like they used to is no longer relevant and should no longer be protected.


And that's not even getting into the issue that as new weapons have appeared the 2nd amendment has *not* been expanded to include them (much). Not that I'm saying the two sets of rights are directly analogous in that way, or that they should, but I want to make it clear that my point above does not require or assume this. I would assume that Red would apply the same sorts of gun control laws to owning a musket as he would to owning any other sort of firearm. If the argument is that the small arms of today are meaningless in the context of protecting against a tyrannical government, then that would presumably go double for the musket wielding crowd, right?


It is a complete change of the law, not just a re-interpretation.

Edited, Oct 28th 2010 7:58pm by gbaji
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#83 Oct 29 2010 at 3:09 AM Rating: Good
gbaji wrote:
RedPhoenixxx wrote:
That's true up to a point, but are guns the best way to instil this fear? Are they even effective anymore? When compared to the might of government firepower, it's a bit of a joke. That's what changed between then and now.


Same response as above.


Which was retarded. The reason why "arms" aren't effective against government tyranny is so obviously not because of "gun control", but because of the ridiculous firepower of the US army. Come on, even a 5 year-old would've gotten that one...

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Like what? Rioting in the streets? Going on strike? And for such tyrannical actions as refusing to provide retirement benefits until age 62 instead of age 60? So in 250 years we've gone from fighting for liberty and fraternity to fighting for the scraps from the government's table. Somehow, I'm thinking the European model of liberty has gotten a bit off track.


Well, it's certainly more effective than having rednecks owning shotguns. Although, to be fair, I think on this particular occasion the French should suck it up and retire at 62. But they use the same arguments as you, the slippery slope. If they lose this fight, they think they will lose the next ones too.

And yes, we've gone from fighting the Monarchy and the feudal system, to trying to get a better deal for the ordinary person in the street. It's called evolution. In a way, it's a sign that things are pretty good in France, as there aren't many other things they feel they should be fighting against. The result of all these fights has been stuff like the 35 hour week, 5 weeks paid Annual Leave, 100% of current salary during maternity leave for 6 months, and 50% for another 3 after that. I think the average worker in France gets a much better deal than the average worker in the US.

But sure, they don't have guns. Although I'd take the 35 hour week, personally.
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#84 Oct 29 2010 at 3:19 AM Rating: Good
gbaji wrote:
But that's essentially what Red (and others) are arguing with regard to the 2nd amendment. They are saying that since the nature of weapons and war have changed (and perhaps politics? It's unclear what they think has changed so much, human nature perhaps?) that the need to protect the rights to bear arms no longer applies.


That's not what I said, and that wasn't even the point of the argument. I'm sorry that even joph's bolding doesn't simplify things enough for you to understand it. I'm not sure what more we could do. A drawing perhaps? A song? A Youtube montage with horrible music in the background?
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#85 Oct 29 2010 at 6:55 AM Rating: Good
Quote:
Well, it's certainly more effective than having rednecks owning shotguns. Although, to be fair, I think on this particular occasion the French should suck it up and retire at 62.


Agreed, simply because it's so massively expensive not to that it starts to eclipse everything else. On the other hand, how much is this protesting against the pension reform and how much is it people hating Sarkozy's blackened guts? The more violent demonstrations at least seem to tend toward the latter.
#86 Oct 29 2010 at 6:58 AM Rating: Good
Gbaji wrote:
They are saying that since the nature of weapons and war have changed (and perhaps politics? It's unclear what they think has changed so much, human nature perhaps?) that the need to protect the rights to bear arms no longer applies.


I still think people should be able to own guns, but the original intent of the 2nd amendment was so the people could overthrow the government. Which is exactly what the people who wrote it had recently finished doing. Let's not forget that we used guerrilla tactics (which are, to this day, considered "dirty" when used against us), many times with weapons that were stored above one's fireplace at home, to help us win that revolutionary war. Perhaps the British were better equipped, but it was mainly musket on musket fighting combined with our penchant for NOT fighting out in the open that won it for us (France helped too).

In order for any militia group in the US to topple the government nowadays, we'd all have to be able to own weapons on par with that OF the military. That ain't happening, so unless you're for advocating giving citizens the right to own B52s, I don't really see how you can say that the intent of the 2nd amendment still applies today.
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#87 Oct 29 2010 at 7:00 AM Rating: Good
Kavekk the Ludicrous wrote:
Quote:
Well, it's certainly more effective than having rednecks owning shotguns. Although, to be fair, I think on this particular occasion the French should suck it up and retire at 62.


Agreed, simply because it's so massively expensive not to that it starts to eclipse everything else.


Well yeah, and we've known in France we've had a pension problem since the 80s. The longer we put it off, the worst it gets, so we have to start somewhere. And 62 is not really that old. It made sense to retire at 60 when life expectancy was 65 or 67, but it doesn't really anymore. Adjusting to new realities and all that.

Quote:
On the other hand, how much is this protesting against the pension reform and how much is it people hating Sarkozy's blackened guts? The more violent demonstrations at least seem to tend toward the latter.


Hard to quantify, but it's definitely a bit of both. There is a knee-jerk reaction in France to any kind of reform of this kind. The reaction is definitely worse when it's an arrogant right-wing populist dwarf who pushes them through, but there would've been resistance anyway. It might not have been so violent had they liked the President a bit more, though.
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#88 Oct 29 2010 at 7:09 AM Rating: Good
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Hard to quantify, but it's definitely a bit of both. There is a knee-jerk reaction in France to any kind of reform of this kind. The reaction is definitely worse when it's an arrogant right-wing populist dwarf who pushes them through, but there would've been resistance anyway. It might not have been so violent had they liked the President a bit more, though.


Probably preferable to the utter tepidity and apathy of the British response, though. I'd like to say that I remember the days when there was some kind of apetite for front-line action in this country, but I don't; I wasn't even born then.
#89 Oct 29 2010 at 7:43 AM Rating: Excellent
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RedPhoenixxx wrote:
gbaji wrote:
But that's essentially what Red (and others) are arguing with regard to the 2nd amendment. They are saying that since the nature of weapons and war have changed (and perhaps politics? It's unclear what they think has changed so much, human nature perhaps?) that the need to protect the rights to bear arms no longer applies.


That's not what I said, and that wasn't even the point of the argument. I'm sorry that even joph's bolding doesn't simplify things enough for you to understand it. I'm not sure what more we could do. A drawing perhaps? A song? A Youtube montage with horrible music in the background?


I'm not even reading the thread and I get what everyone's saying. Well, everyone but gbaji.
#90 Oct 29 2010 at 7:47 AM Rating: Good
Kavekk the Ludicrous wrote:
Probably preferable to the utter tepidity and apathy of the British response, though. I'd like to say that I remember the days when there was some kind of apetite for front-line action in this country, but I don't; I wasn't even born then.


I couldn't agree more. When bad news comes, the English make a cup of tea. The French make a molotov cocktail.

And yet, there is so much to protest about in this country. But you know, in France, it's mostly the poor, the working-class, the workers who go on strike, protest and riot. Some of the middle-class join in, but it always starts from the working-class. In the UK, the working-class are getting royally screwed by this government, and yet they don't seem to give a ****. Probably because they read the Sun and watch Sky News.

What I do like seeing, though, is school-kids going on strike and protest at raising the retirement age. They protest for something which won't affect them for another 40 years. I don't agree with the cause, but I sure as hell admire the activism, foresight and solidarity.
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#91 Oct 29 2010 at 8:07 AM Rating: Good
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I'm not even reading the thread and I get what everyone's saying. Well, everyone but gbaji.

Yes, but you're amazingly f'ucking smart. It's almost like alcohol has a reverse effect on your brain and a good Bloody Mary actually makes you better at using your thinker.
#92 Oct 29 2010 at 2:39 PM Rating: Default
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RedPhoenixxx wrote:
Which was retarded. The reason why "arms" aren't effective against government tyranny is so obviously not because of "gun control", but because of the ridiculous firepower of the US army. Come on, even a 5 year-old would've gotten that one...


"Ridiculous firepower" is relative, isn't it?

I also think you (and most posters) are grossly overestimating the effectiveness of military firepower in a revolution type setting. Bombers aren't going to help you. Nor are long range missiles or rockets. Nor is artillery. Modern insurgency battles absolutely are resolved most often on the ground and with small arms. Just look at what's been going on in Iraq and Afghanistan for the last decade.

A 5 year old should be able to noodle out therefore that the biggest advantage the military would have in such a conflict is the weapons they carry and the armor they wear. Oddly, those are *exactly* the sorts of advantages which gun control laws directly affect. The reason I can't buy full military body armor is because it's illegal to do so. The reason I can't buy any of a variety of fully automatic military weapons is because they are illegal (or licensed to the point of effectively being so).

To insist that gun control has nothing to do with this is absurd. To further argue that since said gap already exists and is in your mind insurmountable (which I *don't* agree with anyway) that this means there's no reason to interpret the 2nd amendment as though that purpose is important is exactly the kind of slippery slope result I've been talking about all along.

How the hell do you not see this. Your entire argument takes the form that since you think something isn't possible anyway, that there's no reason to maintain a law designed to ensure that thing is possible. I just think that's a ridiculous line of reasoning.

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And yes, we've gone from fighting the Monarchy and the feudal system, to trying to get a better deal for the ordinary person in the street. It's called evolution.


Ah "social evolution". Where you "evolve" from fighting for freedom to fighting to make your slavery a bit more comfortable. I don't expect you to agree or even understand what I'm talking about, of course.

Quote:
In a way, it's a sign that things are pretty good in France, as there aren't many other things they feel they should be fighting against. The result of all these fights has been stuff like the 35 hour week, 5 weeks paid Annual Leave, 100% of current salary during maternity leave for 6 months, and 50% for another 3 after that. I think the average worker in France gets a much better deal than the average worker in the US.


Lol! Nope. You don't get it at all. Those aren't things you should be fighting for. That you'd actually be proud of that "accomplishment" just shows how indoctrinated you are.
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#93 Oct 29 2010 at 3:10 PM Rating: Excellent
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gbaji wrote:
I also think you (and most posters) are grossly overestimating the effectiveness of military firepower in a revolution type setting. Bombers aren't going to help you. Nor are long range missiles or rockets. Nor is artillery. Modern insurgency battles absolutely are resolved most often on the ground and with small arms. Just look at what's been going on in Iraq and Afghanistan for the last decade.

Right! Helicopters and bombers and tanks and cruise missiles have played no part in Afghanistan and Iraq! Smart thinking!

Hahahahahahaha....

The US in Iraq or Afghanistan isn't a "revolution". A "revolution" was the Kurds trying to revolt in Iraq and being beaten back with superior weaponry including poison gases. A "revolution" was Serbia into Kosovo before NATO intervened. A "revolution" was Georgia rolling into South Ossetia with armor and air power until Russia responded with even more overwhelming force. A "revolution" was the American South being burned to the ground during the Civil War.

I don't know what silly notion you have that it's all pistols and rifles because armor, artillery, air power and missiles won't "help you" but it was great for a long laugh so thanks for that much.

Edited, Oct 29th 2010 4:11pm by Jophiel
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#94 Oct 30 2010 at 12:43 PM Rating: Good
gbaji wrote:
Where you "evolve" from fighting for freedom to fighting to make your slavery a bit more comfortable.


French people live in slavery now? Damn, what didn't I get the memo...
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