Message from @Maw
Discord ID: 799850958720335902
In Heller Justice Stevens writes that the 2nd Amendment:
“protects the right to keep and bear arms for certain military purposes, but that it does not curtail the Legislature’s power to regulate the nonmilitary use and ownership of weapons—is both the most natural reading of the Amendment’s text and the interpretation most faithful to the history of its adoption.”
Stevens continues:
“Indeed, a review of the drafting history of the Amendment demonstrates that its Framers rejected proposals that would have broadened its coverage to include such uses.”
The first few lines of the 2nd Amendment lists three very important factors.
1) It states that the purpose of the Amendment is the need to preserve the militia.
2) It states that the militia is necessary to the security of a free State.
3) It states that said militia must be “well regulated."
The preamble to the Second Amendment makes threeimportant points. It identifies the preservation of themilitia as the Amendment’s purpose; it explains that the militia is necessary to the security of a free State; and it recognizes that the militia must be “well regulated.”
I should have noted that Stevens was dissenting in Heller. It was a 5 to 4 decision.
All the dissenters signed on to Stevens dissent
You have made the argument, as well as others, that “the people” is controlling and should be used in the same manner as it is elsewhere in the Constitution and not solely for those possessing the weapon in furtherance of maintaining a well regulated militia.
Your argument is disingenuous. You seem to be suggesting that “the people” referred to in the Second Amendment can be interpreted as “law abiding” citizens as you recognize the problem of dangerous felons being armed.
However, I would assume you believe that “the people” mention by the First and Fourth Amendments is not limited to “law abiding” citizens as even felons are protected by those constitutional provisions.
How do you defend defining “the people” in the First and Fourth Amendments refer to ALL citizens but only “law abiding, responsible” citizens in the Second Amendment?
"James Madison drafted what ultimately became the Bill of Rights, which was proposed by the first Congress on June 8, 1789, and was adopted on December 15, 1791."
People agreed to it. They had these arguments prior.
Very clearly their was not agreement. It is not obvious... at all.
That is why early Supreme Court cases refused to prohibit a State from prohibiting gun ownership.
The concern was that the Federal government would force the states to do away with their Militias and rule by force... but if a State freely decided to prohibit the ownership of guns, they were fine with that.
what states prohibited gun ownership
Even the Supreme Court in the last 10 years or so are split on this issue 5 to 4.... but given the Trump appointments I am sure it would be closer to 6 to 3
Take a look at the Miller case in 1934... it will also cite other cases along that line
again what states prohibited gun ownership?
there isnt a single one with a ban on gun ownership
and why would the framers of the constitution know whats happening with a 1934 case?
You are totally missing the point and no... currently there is not due to the Heller decision which was what 2006?
It's almost like the bill of rights lists a bunch of unalienable rights for individual citizens.
". but if a State freely decided to prohibit the ownership of guns, they were fine with that."
where were they fine with this?
they believed in states rights yes, but to be a state you had to abide to the constitution
So by that you mean the phrase "the people" that is used in the 2nd Amendment means the exact same when the phrase "the people" is stated in the 1st and 4th Amendments?
As it's necessary to the "free State"
Literally in the wording itself.
So by that you mean the phrase "the people" that is used in the 2nd Amendment means the exact same when the phrase "the people" is stated in the 1st and 4th Amendments?
are you saying that because we remove gun rights from felons that the 2nd amendment doesnt exist?
Nope. Not even close
then say what you are trying to get at
@Maw So by that you mean the phrase "the people" that is used in the 2nd Amendment means the exact same when the phrase "the people" is stated in the 1st and 4th Amendments?
Ive answered your questions when asked... Im asking now, if you don't mind. And I would appreciate an answer from you both
What are you getting at?
you are trying to set up a gotchya
please say what you mean
So you just aren't going to answer my question I see
and not play pedantic games
It's literally called the bill of rights.
It seems obvious to me and I have responded to each of your questions... both of you when asked.... but you don't feel it appropriate for you to return it?
its obvious youve set up a rhetorical fork
please state your business
Shoutout to Maw the GOAT
For not banning me
Im sure i got close 🤣
Nope, you've not even been kicked a single time.