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