The Soapbox

WahooRQ

Joined: 04/30/2006 Posts: 44695
Likes: 60789


I get it, and thanks to you and Joey for the interesting discussion.


I studied natural law and its roots in theology though and I just disagree that specific rights like bearing arms (which is arguably a collective right although the SCOTUS reversed course in 2008), the right of a free press, the right to be compensated in the event of eminent domain, the right to a trial by a jury of your peers, etc. are really rooted there. Have always viewed natural law as the underpinnings to most of our "10 commandments" type laws (don't kill, don't rape, etc.) and many of the constitutional rights that have been read into the due process clauses of the 14th and 5th (privacy, right to direct the upbringing of your own children, right of two consenting adults to get it on behind closed doors, etc.) more than the actual enumerated rights, although many of them (cruel and unusual punishment, unreasonable seizure, free exercise) certainly find roots there as well. I guess most moral choices trace back to natural law and maybe that's a good way to break it out -- just don't think the right to "bear arms" in our constitution is really rooted there. There is nothing fundamental about that right really and I don't think any modern society forming a new constitution (including our own) would make a point to include it. Have always viewed it more as a poorly worded and datedly-conceived attempt at a power check on the national government that has since become something else entirely: a bastardized "right" to own a dangerous object. I also don't think it is really tied to self defense, at least in the sense it is applied today where it is one person keeping guns to shoot another citizen that may mean to do harm. The defense part is more national defense, which the framers meant to be handled by calling up well-regulated state militias. Self defense is generally a defense to what would otherwise be a crime (assault, murder, etc.) and one does not need to "bear arms" to exercise that freedom. In fact, one might argue that the term "bear arms" is strictly limited to the military context. In other words, a guy with a pistol under the bed or a hunter with a rifle may have a gun but is not "bearing arms" unless he/she is serving in a military capacity (or at least that is how some have read it over the last two centuries). I don't think frontier culture that came later changes that fact -- indeed, that is where the citywide gun ban was born if I'm not mistaken.

It's a weird amendment and I do think we would be better off without it, although to Joey's point that ship has sailed and efforts are better spent on reasonable controls and regualtions.
[Post edited by WahooRQ at 06/15/2017 09:13AM]

(In response to this post by Shenhoo)

Posted: 06/15/2017 at 08:31AM



+1

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Current Thread:
 
  
Rand Paul June 2016 tweet -- hooshouse 06/14/2017 4:24PM
  He is right. Thats the 2nd in a nutshell. -- psychobilly 06/14/2017 5:13PM
  You are free to drill as you wish. ** -- hoothat 06/14/2017 11:04PM
  You mischaractarize statements -- hoothat 06/14/2017 11:28PM
  No you did not. -- hoothat 06/15/2017 11:53AM
  You claimed you asked a question you did not -- hoothat 06/15/2017 12:08PM
  You used to be cool -- hoothat 06/16/2017 1:37PM
  Hard to answer a question not asked. ** -- hoothat 06/15/2017 12:02PM
  Remember Scooby Doo? -- WahooRQ 06/15/2017 09:14AM
  Lol ** -- hoothat 06/15/2017 12:00PM
  Can't even have one day ** -- dajoka004 06/14/2017 4:54PM
  Now you're going to year old tweets too? ** -- Hoodafan 06/14/2017 4:26PM
  Thoughts on the tweet or just me? ** -- hooshouse 06/14/2017 4:30PM
  Militia refers to all citizens. ** -- JMHoo 06/14/2017 6:28PM
  I've NEVER heard that interpretation. Link? -- Hoocinogenic 06/14/2017 6:55PM
  ...Is this TIC? ** -- hoothat 06/14/2017 7:06PM
  You're serious. -- hoothat 06/14/2017 7:36PM
  There are two seperate statements there, buddy. -- hoothat 06/14/2017 10:11PM
  If it's clear, then define "Arms" -- hoothat 06/15/2017 11:56AM
  Why wouldn't it -- hoothat 06/14/2017 9:18PM
  Where can I buy my tank? ** -- Hoocinogenic 06/14/2017 9:34PM
  You actually can own a tank. ** -- hoothat 06/14/2017 10:07PM
  Not that can fire. ** -- Shenhoo 06/14/2017 10:18PM
  And? he asked where to buy a tank. -- hoothat 06/14/2017 10:22PM
  Where did you get the idea -- hoothat 06/14/2017 10:31PM
  From your confused slobberings above. ** -- Shenhoo 06/14/2017 10:35PM
  ? -- hoothat 06/14/2017 10:37PM
  They owned ships with multiple cannons... -- hoothat 06/14/2017 10:58PM
  Merchants..... -- hoothat 06/14/2017 11:22PM
  They were privateers. -- Chuck Taylor 06/15/2017 10:37AM
  ....and? -- hoothat 06/15/2017 11:33AM
  ...regulated. -- hoothat 06/16/2017 01:34AM
  It seems you're ignorant of history. ** -- Hoocinogenic 06/14/2017 8:03PM
  Yeah that's it. ** -- hoothat 06/14/2017 9:07PM
  Then it definitely doesn't refer to all citizens. -- Hoocinogenic 06/14/2017 7:26PM
  Snopes? lol ** -- hoothat 06/14/2017 7:38PM
  You're just brainwashed. ; ) ** -- Hoocinogenic 06/14/2017 8:10PM
  I heard it from some guy named Nino. ** -- JMHoo 06/14/2017 7:00PM

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