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I think all liberty loving individuals should learn a thing or two from NRA and Gun rights advocates on such issues even if they might hate NRA. NRA and well k

by tn13 11y ago

I think all liberty loving individuals should learn a thing or two from NRA and Gun rights advocates on such issues even if they might hate NRA. NRA and well knit group of Gun rights advocates (such as myself) concedes 0 space to the government irrespective of any shooting and casualties. Why cant we do the same for such cases ? One mad man shot some people and we want to build backdoor into iPhone threatening privacy and security of millions of Americans? Idea is not to get into details of "FBI wants to protect Americans" but simply deny any legislative space to the politicians and executives. The moment people get into the trap of "we need to balance things out" the balance would invariably go towards government on long term, the idea is to simply "deny space" to FBI. FBI (and full respect for them) should use the existing tools and methods to hunt terrorists and protect Americans. There is a good reason why FBI is expected to work under constraints, that is what makes them good guys. Else there are not really different from drug mafia. Trick will lie in totally isolating government and security agencies behind the wall of 4th Amendment by stick to original interpretation. If we buy into the BS of "we need to find balance" or "constitution is a living document" then we will have to see US government becoming Chinese oppressive state.

rayiner 11y ago
> Trick will lie in totally isolating government and security agencies behind the wall of 4th Amendment by stick to original interpretation The difference is that the 2nd amendment has text that is helpful to you, and the 4th amendment does not. The 2nd amendment does not only ban "unreasonable" restrictions on guns, while the 4th amendment only bans "unreasonable" searches. Moreover, the 4th amendment allows for the issuance of warrants pursuant to which the government can conduct a search that would otherwise be considered unreasonable. All that is right there in the text. You don't need "original interpretation" here. You need "living document" and you need to conjure up a right of privacy--one that defeats even a search pursuant to a warrant--that appears nowhere in the text of the Constitution.

by tn13 11y ago

rayiner 11y ago

> Trick will lie in totally isolating government and security agencies behind the wall of 4th Amendment by stick to original interpretation The difference is that the 2nd amendment has text that is helpful to you, and the 4th amendment does not. The 2nd amendment does not only ban "unreasonable" restrictions on guns, while the 4th amendment only bans "unreasonable" searches. Moreover, the 4th amendment allows for the issuance of warrants pursuant to which the government can conduct a search that would otherwise be considered unreasonable. All that is right there in the text. You don't need "original interpretation" here. You need "living document" and you need to conjure up a right of privacy--one that defeats even a search pursuant to a warrant--that appears nowhere in the text of the Constitution.