Carol Kinsey Goman
1/6/2013 3:09:00 AM
On 1/5/2013 5:21 PM, Nobody wrote:
> Carol Kinsey Goman wrote:
>
>> On 1/5/2013 2:14 PM, SaPeIsMa wrote:
>>>
>>> "Carol Kinsey Goman" <ckg@f?rbes.com> wrote in message
>>> news:pJKdnS2TPpE3AnXNnZ2dnUVZ5gmdnZ2d@giganews.com...
>>>> On 1/4/2013 8:14 PM, Bill Graham wrote:
>>>>> Carol Kinsey Goman wrote:
>>>>>> On 1/3/2013 11:12 PM, Bill Graham wrote:
>>>>>>> Carol Kinsey Goman wrote:
>>>>>>>> On 1/3/2013 5:43 PM, Bill Graham wrote:
>>>>>>
>>>>>>>>> They keep making these stupid
>>>>>>>>> restricdtive gun laws which only slow down my personal
>>>>>>>>> right to stay adequately armed against invaders of my
>>>>>>>>> person, home and city. The fact that these laws are
>>>>>>>>> repugnant to the purpose of the second amendment don't make
>>>>>>>>> no never mind to the stupid liberals who seem to be running
>>>>>>>>> this country. (Into the ground?)
>>>>>>>>
>>>>>>>> You're still confused. *Some* limit as to type and capacity
>>>>>>>> of the arms to which you have a right most definitely is
>>>>>>>> *not* repugnant to the second amendment. Understand that
>>>>>>>> the amendment does not *create* the right - it *recognizes*
>>>>>>>> it. The right that it recognizes *inherently* is a limited
>>>>>>>> right; it is not unlimited, allowing you to have just *any*
>>>>>>>> arms you might wish to keep and bear. The question is just
>>>>>>>> how stringent can the limits be and not upon the basic right
>>>>>>>> to keep and bear arms? Could Congress set a limit of 10
>>>>>>>> round magazines and clips, and that would survive a
>>>>>>>> court challenge, but a limit of 9 rounds would fail?
>>>>>>>>
>>>>>>>> You guys want to keep pretending that limits as to type and
>>>>>>>> capacity of arms are inherently in violation of the second
>>>>>>>> amendment, and I am *telling* you that based on Justice
>>>>>>>> Scalia's opinion in Heller, you are wrong.
>>>>>>>>
>>>>>>>>
>>>>>>>> There seems to us no doubt, on the basis of both text
>>>>>>>> and history, that the Second Amendment conferred an
>>>>>>>> individual right to keep and bear arms. Of course the
>>>>>>>> right was *not unlimited*, just as the First Amendment
>>>>>>>> ?s right of free speech was not, see, e.g., United
>>>>>>>> States v. Williams, 553 U. S. ___ (2008). Thus, we do
>>>>>>>> not read the Second Amendment to protect the right of
>>>>>>>> citizens to carry arms for any sort of confrontation,
>>>>>>>> just as we do not read the First Amendment to
>>>>>>>> protect the right of citizens to speak for any
>>>>>>>> purpose. [...]
>>>>>>>> Like most rights, the right secured by the Second
>>>>>>>> Amendment is *not unlimited*. From Blackstone through
>>>>>>>> the 19th-century cases, commentators and courts
>>>>>>>> routinely explained that the right was not a right to
>>>>>>>> keep and carry *any weapon whatsoever* in any manner
>>>>>>>> whatsoever and for whatever purpose. [emphasis added]
>>>>>>>>
>>>>>>>>
>>>>>>>> Clearly the second amendment permits limits on the type and
>>>>>>>> capacity of arms you might be permitted to keep and bear.
>>>>>>>> The second amendment allows it, because such rights are
>>>>>>>> *inherent* in the limited right the amendment secures.
>>>>>>>
>>>>>>> That's not so "clear" to me. I think the wording is very
>>>>>>> simple and certainly doesn't imply any such thing.
>>>>>>
>>>>>> You're still confused. You're confusing the second amendment
>>>>>> acknowledgment of the right with the right itself. The second
>>>>>> amendment doesn't specify any limits on the right (other than
>>>>>> the justification clause "A well-regulated militia...")
>>>>>> because it doesn't *need* to specify any: the limitations, as
>>>>>> Justice Scalia noted, are inherent in the right being secured
>>>>>> and acknowledged. The founders had a very clear conception of
>>>>>> limitations on the right, going back to English law.
>>>>>>
>>>>>>> "Infringed" means pretty near anything to me.
>>>>>>
>>>>>> The I'd say you are not capable of rational analysis and
>>>>>> equally not susceptible to reasonable persuasion, because it
>>>>>> definitely does not mean "near anything." To infringe a right
>>>>>> means to violate it, to abrogate it, to transgress it.
>>>>>>
>>>>>>> Certainly requiring a permit to carry a concealed weapon is
>>>>>>> clearly an infringement in my opinion.
>>>>>>
>>>>>> But your opinion is wrong. One of the inherent limits to the
>>>>>> right to keep and bear arms is, as Justice Scalia wrote in
>>>>>> Heller, that it is
>>>>>>
>>>>>> not a right to keep and carry any weapon whatsoever in
>>>>>> any manner whatsoever and for whatever purpose.
>>>>>>
>>>>>> You may wish it to be, but it simply isn't - and *never* was
>>>>>> seen by the framers or any legal experts to be.
>>>>>>
>>>>>>
>>>>>>> I have carried a concealed
>>>>>>> pistol in my pocket for my entire adult life. I even flew to
>>>>>>> Europe with it in my luggage, took it out and put it in my
>>>>>>> pocket as soon as I arrived at the airport in Munich, and
>>>>>>> carried it everywhere for two weeks. When I motorcycled into
>>>>>>> Canada I hid it over my engine inside the air filter of my
>>>>>>> bike, and carried it through Banf park. Had a bear attacked
>>>>>>> me he would have gotten five .357 mags in the face, and the
>>>>>>> canadian mounted police would have arrested whatever was left
>>>>>>> of me. But I am still here, and I still occasionally carry it
>>>>>>> whenever I feel the need.
>>>>>>
>>>>>> And if you were caught and prosecuted for any of those
>>>>>> instances, and if you had tried to claim that the prosecution
>>>>>> was wrong because your right to keep and bear arms was
>>>>>> violated, you would have lost.
>>>>>>
>>>>>>
>>>>>>> You see, I learned how to reaqd very well from Mrs. Hughes,
>>>>>>> my fifth grade English teacher, and I don't let authority
>>>>>>> tell me what's right and what's wrong.
>>>>>>
>>>>>> Apparently you didn't learn to read for comprehension, nor to
>>>>>> read critically. What you are is called "semi-literate."
>>>>>
>>>>> You talk pretty tough, so tell me why you think your
>>>>> interpretation of the second amendment is so different from
>>>>> mine? Or are you one of those people who accept authority and
>>>>> let their decisions do all your thinking for you?
>>>>
>>>> Our interpretation of the *amendment* is probably pretty much
>>>> the same. The amendment says there is a right to keep and bear
>>>> arms, and says that it shall not be infringed (by Congress.)
>>>
>>> There you go being wrong again
>>> Unlike the 1st Amendment, there is NO MENTION of Congress in the
>>> 2nd Amendment
>>
>> Nope - not wrong. Congress is the only legislative body that
>> could do the infringement, so when the amendment says the right
>> "shall not be infringed", by necessary implication - *absolutely*
>> necessary implication - it meant that it shall not be infringed by
>> an act of Congress.
>>
>> That's how that stuff works. It really is. I'm sorry you are
>> unable to understand it.
>>
>>
>>>
>>>> Where we disagree is over the nature of the right that is
>>>> recognized in the amendment.
>>>
>>> The "nature" of the right is "inealienable" and not infrigable.
>>
>> No, the nature of the right includes limitations as well.
>>
>>
>>>> The amendment does not *create* or *confer* the right; it
>>>> simply is a formal recognition of it.
>>>
>>> Finally, you got something right..
>>
>> I get all of it right.
>>
>>
>>>> You are confused about what is comprised in the right.
>>>
>>> Highly doubtfull
>>
>> Not in doubt at all.
>>
>>
>>>> It is *not* an unlimited right; there are very much limits on
>>>> it. You don't like those limits, but they are there regardless.
>>>>
>>>
>>> Feel free to state what those limits are
>>
>> No need.
>>
>>
>>> Se let's have YOUR list of those limits
>>
>> There is no list, nor is there any need of one. We're talking
>> concepts here, which is a big part of why you're so badly
>> confused. When Justice Scalia wrote in the Heller decision:
>>
>> There seems to us no doubt, on the basis of both text and
>> history, that the Second Amendment conferred an individual
>> right to keep and bear arms. Of course the right was *not
>> unlimited*, just as the First Amendment?s right of free
>> speech was not, see, e.g., United States v. Williams, 553
>> U. S. ___ (2008). Thus, we do not read the Second Amendment
>> to protect the right of citizens to carry arms for any sort
>> of confrontation, just as we do not read the First
>> Amendment to protect the right of citizens to speak for any
>> purpose. [...]
>> Like most rights, the right secured by the Second Amendment
>> is *not unlimited*. From Blackstone through the
>> 19th-century cases, commentators and courts routinely
>> explained that the right was not a right to keep and carry
>> *any weapon whatsoever* in any manner whatsoever and for
>> whatever purpose. [emphasis added]
>>
>> he doesn't specify any list of limits, either. He says the right
>> is "not unlimited", i.e., it is conceptually subject to limits,
>> just as the first amendment is. The language of the first
>> amendment doesn't list any limitations on speech, either, but
>> limits there are! For example, the amendment doesn't say
>> "...except for yelling 'fire' in a crowded theater", but you *MAY
>> NOT* do that and then claim first amendment protection; the first
>> amendment also doesn't explicitly exclude "fighting words",
>> either, yet they *are* excluded.
>>
>> It's always dangerous to say "everybody knows" something as a form
>> of justification, because quite often what it is alleged that
>> "everybody knows" simply is not. But sometimes it *does* work.
>> "Everybody knows" that not just *any* speech is protected by the
>> first amendment; and "everybody knows" that the second amendment
>> does *NOT* recognize an unlimited right to keep and bear just
>> *any* arms at just *any* times and places. Even without an
>> explicit list of limitations, "everybody knows" that acts of
>> legislatures that *create* some limits are perfectly
>> constitutional.
>>
>> That's just how it is.
>>
>
> You are arguing with Sappy the 'knower of all things'.
Yes. I generally call him Saphead.
> He has been
> made a fool of by myself and many others for his comments in other
> groups. He is best ignored.
No, I disagree. He's a useful idiot; kind of a foil. There are others
who are better foils - on this issue, scooter comes to mind - but
Saphead is useful here, although he has about run out of utility. You
can tell because he has ceased arguing. Previously, he was arguing (to
the best of his ability) in a way that allowed me easily to show what's
wrong with the unthinking gun nut crowd.
Don't get carried away; we may not be allies. I happen to be *very*
pro-gun, including - perhaps most importantly - a belief that there is
an inalienable right to arms that is held by individual persons, not by
collectives. However, I think it is beyond rational dispute that that
right is *not* unlimited.