The article says "a strict constructionist could say that since the Founding Fathers were protecting the right to muskets, it is only the right to muskets that is currently protected. Not modern muskets (think AR-15 or M-16), mind you. Literal muskets."
But the Second Amendment says "the right of the people to keep and bear arms shall not be infringed",—not "the right of the people to keep and bear muskets..."
Clearly the Founding Fathers understood that muskets would eventually be superseded, just as flint arrowheads and copper axes had been superseded before them. If the Founding Fathers wanted to restrict the right to bear arms to the technology of their time, then they would have used specific terminology in order to make that explicit. But instead, they deliberately used the term "arms", which is a general term. And thus, "the right of the people to keep and bear arms" refers to any arms that are potentially suited to being kept and borne by people.
I think you hit that clearly on the head. That is how many anti gun people are trying to cast it. That it was written with the use of muskets in mind. The writers clearly were more shrewd than that, though.
It does boggle the mind doesn't it. To imagine that the founders would believe that technology and therefore weaponry would remain stagnant in an ever changing world is to disregard the words themselves. I often argue that the beauty of the Constitution is as much in what it says, as it is in what it does not say. It does not say the second amendment only pertains to the weapons prevalent at the time of adoption. All that it doesn't say is beyond the rightful purview of the government. Thus the explicit language in the ninth and tenth amendments.
yet where was the outcry last September when the AIA was passed changing actual words in the Constitution. "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" In that case, rights of the "inventor" have been changed by law to be "first to file." It is a huge blow to any inventor who is not a multinational company-think of it this way, last year IBM was granted 6000 patents. They have perfected the concept of "first to file" yet hardly a peep from Constitutionalists over this significant change Madison in particular, would have said was not the intent of the framers.
Very well said, and an excellent point. I think I'm going to write something for the paper clearly outlining the infringements and outright damage being done to our Constitution. I may get hate mail, I don't care. This clearly needs attention. No fear, otherwise no progress.
If only we could add this kind of insanity to other documents, like mortgages, car loans, etc. Adjustable payments (lower of course), on a whim, no rhyme or reason...just cause you feel like it. Must be nice.
Yes, but compared to some of the others on the bench and the justices we are likely to see appointed in the next four years he may look like a champion. Sad isn't it. Regards, O.A.
We should all pray for the health of the current Supreme Court Justices. If any of the "conservative" wing of the court should die or retire we are really fucked.
Absolutely, however there is hope. I have been invited to take a ten week Constitution class that I'm not sure I have time for. The fact that such things are being offered these days are small little rays of hope. Nobody spoke about these kinds of things 4 years ago.
Hello overmanwarrior, I have a friend that took a course recently sponsored by a local Tea party. It is a good sign, but I hope it isn't just preaching to the choir. about four years ago I read the 5000 Year Leap by W. Cleon Skousen. He ran a travelling course of this nature decades ago. For those who don't have the time for a course and haven't read it I would highly recommend it. If you have read it I would value your opinion. Always good to hear from you, O.A.
The 5000 Year Leap is a fantastic book, and has been at the front of this sudden jump toward Ayn Rand's works once again. I too would highly recommend this book. Not understanding the 5000 Year Leap is essentially an acceptance that mankind will revert back to the early city state collectivists who sacrifice human beings to the sun gods out of a stupid belief that their crops will be better this year than last.
wait a minute! I just looked this up. considering the author frames his story around 28 principles which include God defining what is virtuous. How does this help make a leap to Rand's works?
I always read these things with an eye for the principles rather than the attributed source. Most of the old material I read of this nature I usually interpose/ exchange natural rights for God given. The principles transcend.
I understand, but to me it seems that confounding divine law with natural law—and God-given rights for natural rights—is unnecessary and can potentially be a dangerous path to tread.
Natural law can be understood using the scientific method—reason, rationality, and empirical observation. But by what means may we understand divine law? Perhaps by faith, scripture, or revelation? And then what prevents our descent into barbarism and human sacrifice? Is it not reason, rationality, and empirical observation? Or perhaps the scriptures and revelations of our God have led us on a more enlightened path, and hence our faith is correctly placed? But then are there not implicit processes of reason and rationality underlying our choice of faith? Have we not empirically observed that human sacrifices are an ineffectual means of increasing the fecundity of our lands?
Perhaps our ability to think scientifically is a gift from God, but is faith in God actually necessary in order to use this gift effectively? I would argue that it is not, and in support of my argument I would cite the scientific contributions of atheists such as Richard Dawkins, whose work in the field of evolutionary biology has led to important advances in modern medicine which have saved lives and improved our quality of living.
My point is that our faculties of perception, reason, and rationality can operate independently of our belief in God. Whether or not God has given us those faculties is a separate argument. Regardless, we can use those faculties to understand our world, and on this understanding we can base our system of ethics, which constitutes the foundation of a just political system. And indeed, a very compelling case can be made for the role of freedom, property rights, meritocracy, etc. in human advancement—with or without reference to God. And in my view, this case is weakened by unnecessarily confounding it with arguments for or against religious belief.
My mistake. I did not make myself clear. I meant to suggest removing the God attributions and inserting natural law. You must have thought I was going all mystic or something. :) Not to worry. Great commentary! Regards, O.A.
Wrong, the point of study is on the case laws, not the actual laws. Law schools teach their students how to navigate around legal meanings, not how to live within them.
But the Second Amendment says "the right of the people to keep and bear arms shall not be infringed",—not "the right of the people to keep and bear muskets..."
Clearly the Founding Fathers understood that muskets would eventually be superseded, just as flint arrowheads and copper axes had been superseded before them. If the Founding Fathers wanted to restrict the right to bear arms to the technology of their time, then they would have used specific terminology in order to make that explicit. But instead, they deliberately used the term "arms", which is a general term. And thus, "the right of the people to keep and bear arms" refers to any arms that are potentially suited to being kept and borne by people.
In that case, rights of the "inventor" have been changed by law to be "first to file."
It is a huge blow to any inventor who is not a multinational company-think of it this way, last year IBM was granted 6000 patents. They have perfected the concept of "first to file"
yet hardly a peep from Constitutionalists over this significant change Madison in particular, would have said was not the intent of the framers.
Regards,
O.A.
Regards,
O.A.
I have a friend that took a course recently sponsored by a local Tea party. It is a good sign, but I hope it isn't just preaching to the choir. about four years ago I read the 5000 Year Leap by W. Cleon Skousen. He ran a travelling course of this nature decades ago. For those who don't have the time for a course and haven't read it I would highly recommend it. If you have read it I would value your opinion.
Always good to hear from you,
O.A.
Natural law can be understood using the scientific method—reason, rationality, and empirical observation. But by what means may we understand divine law? Perhaps by faith, scripture, or revelation? And then what prevents our descent into barbarism and human sacrifice? Is it not reason, rationality, and empirical observation? Or perhaps the scriptures and revelations of our God have led us on a more enlightened path, and hence our faith is correctly placed? But then are there not implicit processes of reason and rationality underlying our choice of faith? Have we not empirically observed that human sacrifices are an ineffectual means of increasing the fecundity of our lands?
Perhaps our ability to think scientifically is a gift from God, but is faith in God actually necessary in order to use this gift effectively? I would argue that it is not, and in support of my argument I would cite the scientific contributions of atheists such as Richard Dawkins, whose work in the field of evolutionary biology has led to important advances in modern medicine which have saved lives and improved our quality of living.
My point is that our faculties of perception, reason, and rationality can operate independently of our belief in God. Whether or not God has given us those faculties is a separate argument. Regardless, we can use those faculties to understand our world, and on this understanding we can base our system of ethics, which constitutes the foundation of a just political system. And indeed, a very compelling case can be made for the role of freedom, property rights, meritocracy, etc. in human advancement—with or without reference to God. And in my view, this case is weakened by unnecessarily confounding it with arguments for or against religious belief.
Regards,
O.A.
And no, you certainly don't strike me as a mystic :-)