4 ms·

Where does it say you can regulate my rights?

alistairSH 9y ago
WRT the 2A, it's right there in the text: "well regulated". WRT other rights... Explicitly? Not always in the Constitution. But, if you think you can cry "Fire!" in a theater, you would be mistaken. SCOTUS has upheld reasonable restrictions on rights over and over. It's a settled matter. (edited - cleaned up my thoughts a bit)
- salawat 9y ago
  Stop quoting that case. That was SCOTUS upholding the right of the government to clamp down on speech that encouraged draft dodging or could even be marginally interpreted as disagreeing with it during wartime. https://www.popehat.com/2012/09/19/three-generations-of-a-hackneyed-apologia-for-censorship-are-enough/ https://www.popehat.com/2012/09/19/three-generations-of-a-ha... It ain't Dred Scott dumb, but it's up there in stupidity and retarded law. Well regulated doesn't mean the feds get to control the details of what the militia can use either. The militia is every able-bodied 18-47 year old. The regulated part implies a command structure which the National Guard provides.
  - alistairSH 9y ago
    I'm not sure what case you're thinking of, because I didn't explicitly mention one. Chaplinsky v. NH was in 1942 and had nothing to do with draft dodging. Since then, the courts have ruled inconsistently on the matter. The only common thread is the courts mostly agree that some restriction on speech is permissible - where that line lays is very much up for debate. WRT the militia - the government disagrees with your assertion. A random citizen cannot go into the gun store and buy a machine gun, or grenades. Special (and expensive) permitting is required. If you're contention is that these restrictions are unConstitutional, I'm not really sure we should bother debating the point.
    - zerocrates 9y ago
      They were responding to the mention of "fire in a crowded theater," a reference to Schenck v. United States.
  - briandear 9y ago
    Regulated does not imply a command structure, look up the 18th century definition of that word please. Also, to be clear, the National Guard IS the government. The purpose of the 2nd A was to provide a check against the government— it wasn’t a protection for the states — it was a protection for individuals — the Bill of Rights was a declaration of individual liberties not protections for the states. The tenth amendment is an outlier, but even that was part of a coordinated effort to limit the size, scope and power of government.
  - StanislavPetrov 9y ago
    >The regulated part implies a command structure which the National Guard provides. That's completely wrong. Each of the 1st ten Amendments - The Bill of Rights - enumerates rights of the individual against government power. Its absolutely absurd to argue that the 2nd amendment somehow refers to a government commanded and organized military body and not to the right of citizens to remained armed to prevent the government from getting out of line.
- shpongled 9y ago
  "Well regulated" in it's historical context doesn't mean anything close to what we think of as "regulation" today. The phrase means "functional" or "functioning". E.g. “If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations.”, or "The equation of time … is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial.”

WRT the 2A, it's right there in the text: "well regulated". WRT other rights... Explicitly? Not always in the Constitution. But, if you think you can cry "Fire!" in a theater, you would be mistaken. SCOTUS has upheld reasonable restrictions on rights over and over. It's a settled matter. (edited - cleaned up my thoughts a bit)

salawat 9y ago
Stop quoting that case. That was SCOTUS upholding the right of the government to clamp down on speech that encouraged draft dodging or could even be marginally interpreted as disagreeing with it during wartime. https://www.popehat.com/2012/09/19/three-generations-of-a-hackneyed-apologia-for-censorship-are-enough/ https://www.popehat.com/2012/09/19/three-generations-of-a-ha... It ain't Dred Scott dumb, but it's up there in stupidity and retarded law. Well regulated doesn't mean the feds get to control the details of what the militia can use either. The militia is every able-bodied 18-47 year old. The regulated part implies a command structure which the National Guard provides.
- alistairSH 9y ago
  I'm not sure what case you're thinking of, because I didn't explicitly mention one. Chaplinsky v. NH was in 1942 and had nothing to do with draft dodging. Since then, the courts have ruled inconsistently on the matter. The only common thread is the courts mostly agree that some restriction on speech is permissible - where that line lays is very much up for debate. WRT the militia - the government disagrees with your assertion. A random citizen cannot go into the gun store and buy a machine gun, or grenades. Special (and expensive) permitting is required. If you're contention is that these restrictions are unConstitutional, I'm not really sure we should bother debating the point.
  - zerocrates 9y ago
    They were responding to the mention of "fire in a crowded theater," a reference to Schenck v. United States.
- briandear 9y ago
  Regulated does not imply a command structure, look up the 18th century definition of that word please. Also, to be clear, the National Guard IS the government. The purpose of the 2nd A was to provide a check against the government— it wasn’t a protection for the states — it was a protection for individuals — the Bill of Rights was a declaration of individual liberties not protections for the states. The tenth amendment is an outlier, but even that was part of a coordinated effort to limit the size, scope and power of government.
- StanislavPetrov 9y ago
  >The regulated part implies a command structure which the National Guard provides. That's completely wrong. Each of the 1st ten Amendments - The Bill of Rights - enumerates rights of the individual against government power. Its absolutely absurd to argue that the 2nd amendment somehow refers to a government commanded and organized military body and not to the right of citizens to remained armed to prevent the government from getting out of line.
shpongled 9y ago
"Well regulated" in it's historical context doesn't mean anything close to what we think of as "regulation" today. The phrase means "functional" or "functioning". E.g. “If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations.”, or "The equation of time … is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial.”