...and the Federalist papers make this even more clear as they do -- HoosQ 03/24/2021 11:09AMInsert a Link
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Gorsuch likes to opine that he must go back to the original text & meaning -- Lazarus 03/24/2021 09:13AM ...and the Federalist papers make this even more clear as they do -- HoosQ 03/24/2021 11:09AM To me a state's national guard should be this militia -- Oregon Hoo 03/24/2021 11:02AM That is, in fact, what the NG is, formalized by the Militia Act of 1903 and -- Seattle .Hoo 03/24/2021 11:09AM National Defense Act of 1916 was a key. -- DanTheFan 03/24/2021 11:19AM Yes, what I was referring to about modifications, which happened -- Seattle .Hoo 03/24/2021 11:26AM "Originalist" interpretation is a con game. ** -- DanTheFan 03/24/2021 10:36AM Dan, you are more succinct than I. Chapeau +1 ** -- Lazarus 03/24/2021 11:02AM I agree with that. I would never call myself an “originalist”. ** -- hoolstoptheheels 03/24/2021 11:00AM It’s not like there is no room at all for interpretation. -- hoolstoptheheels 03/24/2021 10:19AM But that argument would be moot. If you get called up to the National Guard -- Seattle .Hoo 03/24/2021 10:28AM Agreed, and that goes to my argument about the current state of things. -- hoolstoptheheels 03/24/2021 10:43AM The text of the 2A isn't the only consideration. In fact, it probably isn't -- Seattle .Hoo 03/24/2021 10:50AM Well, I don’t think I agree with that. We’re a nation of laws, -- hoolstoptheheels 03/24/2021 10:56AM Again, you have to look at Article 1 and laws governing the militia in -- Seattle .Hoo 03/24/2021 11:03AM I can definitely buy that - we should look at the sum total of -- hoolstoptheheels 03/24/2021 11:08AM I just find it interesting that originalist or now textualist take militia -- Lazarus 03/24/2021 10:25AM I’ve said before that the right and left should make a trade: -- hoolstoptheheels 03/24/2021 10:34AM The answer to your conundrum is the morning after pill. Most abortions -- Lazarus 03/24/2021 11:00AM It isn't for government to answer the spiritual question. Which is why Roe -- Seattle .Hoo 03/24/2021 10:37AM Yeah, in the end, I probably would too. -- hoolstoptheheels 03/24/2021 10:49AM I didn't say I agreed with Roe. I do think abortion should be legal but -- Seattle .Hoo 03/24/2021 10:53AM Hey, me too. But that doesn’t mean the Constitution guarantees it. ** -- hoolstoptheheels 03/24/2021 10:57AM I think I said that! ;) ** -- Seattle .Hoo 03/24/2021 11:03AM Regulated could mean controlled or in that sense it could mean ordered or -- RML Hoos 03/24/2021 10:04AM That's really not it at all. It is clear that regulation of the militia -- Seattle .Hoo 03/24/2021 10:24AM Colonial militia days were notoriously riotous affairs -- Shenhoo 03/24/2021 10:24AM Very well-said. Agreed that... -- Los Angeles Hoo 03/24/2021 10:16AM I will try to find an interesting article Judge Posner wrote about the 2A -- WahooRQ 03/24/2021 10:13AM The gunfight at the OK Corral was ostensibly about disarming some of the -- Seattle .Hoo 03/24/2021 10:22AM Does it say that the right of the militia to bear arms shall not be -- MaizeAndBlueWahoo 03/24/2021 09:57AM No ** -- 111Balz 03/24/2021 10:33AM 🤦♂️ 🤦♂️ 🤦♂️ ** -- WahooRQ 03/24/2021 10:07AM Logic fail. The Constitution does not say what people MUST do, there is no -- 81_Hokie 03/24/2021 10:05AM Well, which is it? -- MaizeAndBlueWahoo 03/24/2021 10:14AM Logic fail 2. It's about a militia. It is silent about what people not -- 81_Hokie 03/24/2021 10:26AM Or decide a poorly worded, 230 year old phrase isn't worth 40k deaths / yr -- Bacon 03/24/2021 10:03AM We already take that into account. The 2A doesn't guarantee the -- BocaHoo91 03/24/2021 10:09AM But where you stop with the definition of "arms"..... ** -- Zhoo 03/24/2021 12:52PM It's like they don't understand the 2nd amendment was to protect hunting. ** -- ResistHoo 03/24/2021 10:18AM I don't care what the 2A was intended to protect. I think we should amend -- BocaHoo91 03/24/2021 10:27AM Just ask the Afghanis and Vietcong about superior weaponry. -- ResistHoo 03/24/2021 10:33AM Both did a lot better after they were given advanced weaponry by the US or -- WahooRQ 03/24/2021 10:52AM You're right - I'm sure Bernie can't wait to Tomahawk the deplorables. -- ResistHoo 03/24/2021 11:03AM I think the yahoos with AR-15s and Tac visors could prevent -- BocaHoo91 03/24/2021 10:36AM But that poorly worded phrase is used to block everything -- Bacon 03/24/2021 10:17AM Anyone who knows history can tell you the 2A was there to prevent the feds -- WahooRQ 03/24/2021 09:35AM The "originalists" always seem to pretend that isn't the case. That and the -- Seattle .Hoo 03/24/2021 10:14AM The militia in those days consisted of all males capable of fighting. -- JMHoo 03/24/2021 09:24AM I'm afraid that's true, which is why you don't seem me arguing that a -- southdenverhoo 03/24/2021 12:43PM They would have been damn good shots also...miss too often and go hungry ** -- Tuckahokie 03/24/2021 10:17AM What do you think they meant when they said 'well regulated militia'? Read -- 81_Hokie 03/24/2021 09:33AM All landowning white males. I guess you guys are originalists afterall! ** -- WahooRQ 03/24/2021 09:33AM Apparently "That's different" is a valid defense in the SCOTUS too. ** -- TomGlansAski 03/24/2021 09:17AM