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Why It’s Time to Repeal the Second Amendment

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Jun 172016
 

I teach the Constitution for a living. I revere the document when it is used to further social justice and make our country a more inclusive one. I admire the Founders for establishing a representative democracy that has survived for over two centuries.

But sometimes we just have to acknowledge that the Founders and the Constitution are wrong. This is one of those times. We need to say loud and clear: The Second Amendment must be repealed.

As much as we have a culture of reverence for the founding generation, it’s important to understand that they got it wrong and got it wrong often. Unfortunately, in many instances, they enshrined those faults in the Constitution. For instance, most people don’t know it now, but under the original document, Mitt Romney would be serving as President Obama’s vice president right now because he was the runner-up in the last presidential election. That part of the Constitution was fixed by the Twelfth Amendment, which set up the system we currently have of the president and vice president running for office together.

Much more profoundly, the Framers and the Constitution were wildly wrong on race. They enshrined slavery into the Constitution in multiple ways, including taking the extreme step of prohibiting the Constitution from being amended to stop the slave trade in the country’s first 20years. They also blatantly wrote racism into the Constitution by counting slaves as only 3/5 of a person for purposes of Congressional representation. It took a bloody civil war to fix these constitutional flaws (and then another 150 years, and counting, to try to fix the societal consequences of them).

There are others flaws that have been fixed (such as about voting and Presidential succession), and still other flaws that have not yet been fixed (such as about equal rights for women and land-based representation in the Senate), but the point is the same there is absolutely nothing permanently sacrosanct about the Founders and the Constitution. They were deeply flawed people, it was and is a flawed document, and when we think about how to make our country a more perfect union, we must operate with those principles in mind.

In the face of yet another mass shooting, now is the time to acknowledge a profound but obvious truth the Second Amendment is wrong for this country and needs to be jettisoned. We can do that through a Constitutional amendment. It’s been done before (when the Twenty-First Amendment repealed prohibition in the Eighteenth), and it must be done now.

The Second Amendment needs to be repealed because it is outdated, a threat to liberty and a suicide pact. When the Second Amendment was adopted in 1791, there were no weapons remotely like the AR-15assault rifle and many of the advances of modern weaponry were long from being invented or popularized.

Sure, the Founders knew that the world evolved and that technology changed, but the weapons of today that are easily accessible are vastly different than anything that existed in 1791. When the Second Amendment was written, the Founders didn’t have to weigh the risks of one man killing 49and injuring 53 all by himself. Now we do, and the risk-benefit analysis of 1791 is flatly irrelevant to the risk-benefit analysis of today.

Gun-rights advocates like to make this all about liberty, insisting that their freedom to bear arms is of utmost importance and that restricting their freedom would be a violation of basic rights.

But liberty is not a one way street. It also includes the liberty to enjoy a night out with friends, loving who you want to love, dancing how you want to dance, in a club that has historically provided a refuge from the hate and fear that surrounds you. It also includes the liberty to go to and send your kids to kindergarten and first grade so that they can begin to be infused with a love of learning. It includes the liberty to go to a movie, to your religious house of worship, to college, to work, to an abortion clinic, go to a hair salon, to a community center, to the supermarket, to go anywhere and feel that you are free to do to so without having to weigh the risk of being gunned downby someone wielding a weapon that can easily kill you and countless others.

The liberty of some to own guns cannot take precedence over the liberty of everyone to live their lives free from the risk of being easily murdered. It has for too long, and we must now say no more.

Finally, if we take the gun-rights lobby at their word, the Second Amendment is a suicide pact. As they say over and over, the only way to stop a bad guy with a gun is a good guy with a gun. In other words, please the gun manufacturers by arming even the vast majority of Americans who do not own a gun.

Just think of what would have happened in the Orlando night-club Saturday night if there had been many others armed. In a crowded, dark, loud dance club, after the shooter began firing, imagine if others took out their guns and started firing back. Yes, maybe they would have killed the shooter, but how would anyone else have known what exactly was going on? How would it not have devolved into mass confusion and fear followed by a large-scale shootout without anyone knowing who was the good guy with a gun, who was the bad guy with a gun, and who was just caught in the middle? The death toll could have been much higher if more people were armed.

The gun-rights lobby’s mantra that more people need guns will lead to an obvious result more people will be killed. We’d be walking down a road in which blood baths are a common occurrence, all because the Second Amendment allows them to be.

At this point, bickering about the niceties of textual interpretation, whether the history of the amendment supports this view or that, and how legislators can solve this problem within the confines of the constitution is useless drivel that will lead to more of the same. We need a mass movement of those who are fed up with the long-dead Founders’ view of the world ruling current day politics. A mass movement of those who will stand up and say that our founding document was wrong and needs to be changed. A mass movement of those who will thumb their nose at the NRA, an organization that is nothing more than the political wing of the country’s gun manufacturers, and say enough is enough.

The Second Amendment must be repealed, and it is the essence of American democracy to say so.

Watch four pro-gun arguments we’re sick of hearing.

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Why It’s Time to Repeal the Second Amendment

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About Us – Principality of Sealand

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Jun 122016
 

During the Second World War the British government built several Fortress islands in the North Sea to defend its coasts from German invaders. These forts were built illegally in international waters.

One of these Fortresses, consisting of concrete and steel construction, was the famous royal fort Roughs Tower situated slightly north of the estuary region of the Thames River. In contrast to the original plan to locate the tower within the sovereign territory of England, this fortress was situated at a distance of approximately 7 nautical miles from the coast, which is more than double the then applicable 3 mile range of territorial waters; to put it briefly, this island was situated in the international waters of the North Sea.

The forts were abandoned in the early 1950s and whilst built in international waters in a time of world crisis, they should have been pulled down to comply with international law. Except for the aforementioned fortress, the fortresses were subsequently pulled down. This resulted in the portentous uniqueness of the fortress. Fort Roughs Tower, situated at the high seas, had been deserted and abandoned, res derelicta and terra nullius. From a legal point of view, it therefore constituted extra-national territory.

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About Us – Principality of Sealand

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The Patriot Post Shop – 2A – Second Amendment

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Jun 072016
 

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Hillary Clinton wavers on Second Amendment right to bear arms …

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Jun 052016
 

Hillary Clinton declined to say Sunday whether she believes in a constitutional right to bear arms, possibly opening the door to a fresh round of attacks from Donald Trump, who has already accused the likely Democratic presidential nominee of wanting to “abolish” the Second Amendment.

In an interview on ABC’s “This Week,” Clinton deflected twice when she was asked whether she agrees with the Supreme Court’s interpretation of the Second Amendment. The court ruled in 2008 that the Constitution affords private citizens the right to keep firearms in their homes and that such possession need not be connected to military service.

The wording of the Second Amendment has long made the extent of gun-ownership rights a point of contention.

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

Questioned by George Stephanopoulos about her view of the amendment, Clinton talked about a “nuanced reading” and emphasized her belief in the rights of local, state and federal governments to regulate gun ownership. Stephanopoulos, formerly a top aide to President Bill Clinton, wasn’t satisfied by the response.

“That’s not what I asked,” he replied.

Clinton then discussed the right to own a gun as a hypothetical. “If it is a constitutional right,” she began her next answer, “then it like every other constitutional right is subject to reasonable regulations.”

Here’s the full exchange:

STEPHANOPOULOS: Let’s talk about the Second Amendment. As you know, Donald Trump has also been out on the stump talking about the Second Amendment and saying you want to abolish the Second Amendment. I know you reject that. But I want to ask you a specific question: Do you believe that an individual’s right to bear arms is a constitutional right that it’s not linked to service in a militia?

CLINTON: I think that for most of our history there was a nuanced reading of the Second Amendment until the decision by the late Justice [Antonin] Scalia. And there was no argument until then that localities and states and the federal government had a right as we do with every amendment to impose reasonable regulations. So I believe we can have common-sense gun-safety measures consistent with the Second Amendment. And, in fact, what I have proposed is supported by 90 percent of the American people and more than 75 percent of responsible gun owners. So that is exactly what I think is constitutionally permissible and, once again, you have Donald Trump just making outright fabrications, accusing me of something that is absolutely untrue. But I’m going to continue to speak out for comprehensive background checks; closing the gun-show loophole; closing the online loophole; closing the so-called Charleston loophole;reversing the bill that Senator[Bernie] Sanders voted for and I voted against, giving immunity from liability to gun makers and sellers. I think all of that can and should be done, and it is, in my view, consistent with the Constitution.

STEPHANOPOULOS: And, and the Heller decision also says there can be some restrictions. But that’s not what I asked. I said, “Do you believe their conclusion that the right to bear arms is a constitutional right?”

CLINTON: If it is a constitutional right, then it like every other constitutional right is subject to reasonable regulations. And what people have done with that decision is to take it as far as they possibly can and reject what has been our history from the very beginning of the republic, where some of the earliest laws that were passed were about firearms. So I think it’s important to recognize that reasonable people can say, as I do, responsible gun owners have a right. I have no objection to that. But the rest of the American public has a right to require certain kinds of regulatory, responsible actions to protect everyone else.

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Hillary Clinton wavers on Second Amendment right to bear arms …

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Defending the Second Amendment – Kasich for America

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Apr 092016
 

Experience and Results Like No Other

Gov. John R. Kasich continues to be a strong supporter of the right to bear arms and, as governor, has signed every pro-2nd amendment bill that has crossed his desk to defend this basic, constitutional right. John Kasich is a gun-owner himself, and in his 2014 reelection was endorsed by the National Rifle Association for his support of the Second Amendment as an inviolate part of our Constitution.

Removing Burdensome Restrictions for Law-Abiding Concealed Carry Licensees: John Kasich enacted legislation protecting Ohios concealed carry laws, including protecting the privacy of permit holdersandallowing for reciprocity licenses with other stateswhere permit holders can carry their firearms.

Opposing Barack Obamas Gun Control Efforts: John Kasich opposes President Obamas gun control executive orders. The Second Amendment is too important and Obamas hostility to it is too well known for him to be allowed to go around Congress and undermine the Second Amendment. His efforts to expand the federal governments interference with Americans Right to Keep and Bear Arms are wrong and the governor opposes them.

Upholding Ohios Outdoors Traditions: In addition to having a $3.6 billion annual economic impact in Ohio, hunting and fishing are parts of Ohios long tradition of enjoying our natural places. John Kasich upheld this heritage by enacting legislation that removes restrictions on licensing requirements for hunters and by creating new policies to expand hunting rights in Ohio.

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Defending the Second Amendment – Kasich for America

Parsing the Second Amendment – CBS News

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Mar 192016
 

Any discussion of the right to bear arms has to take note of the Second Amendment. Here’s Anthony Mason:

At the heart of the debate over guns in America is a single, inscrutable sentence: The Second Amendment of the Bill of Rights, whose wording is unusual.

Simon & Schuster

“The Second Amendment says, ‘A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.’ What does that mean?”

The most-disputed clause in the Constitution is the phrase about militias, which were a great concern when the Bill of Rights was written in 1792.

“At the Constitutional Convention in Philadelphia, there was a very big controversy about how to allocate military power,” said Nelson Lund, professor of constitutional law at George Mason University. He says the states feared the new government would try to disarm the 13 state militias, which required every white male over 16 to own a musket.

“The anti-Federalists were very worried that the states would be deprived of their power to resist federal tyranny,” Lund said.

“The militia, sir, is our ultimate safety,” Patrick Henry argued. “We can have no security without it.”

While guns were commonplace then, so were gun regulations. New York and Boston prohibited the firing of guns within city limits.

And in the notes for the Constitutional Convention, Waldman says, “There’s literally not a word about it protecting an individual right for gun ownership for self-protection, hunting, or any of the other things we think about now.”

“There’s one side that believes that this amendment refers specifically and only to militias,” said Mason.

“Well, I know people say that, but it just can’t be true,” replied Lund. “If you look at what the words say, it says ‘The right of the people to keep and bear arms.’ It does not say, ‘The right of the states’ or ‘The right of the militias.’ It says ‘the right of the people.'”

The debate over the Second Amendment came to a head at the Supreme Court in 2008, in a case filed over the Capital’s gun laws, called District of Columbia v. Heller. In a 5-4 vote, the court affirmed an individual’s right to keep and bear arms, striking down D.C.’s ban on handguns in the home.

‘The inherent right of self-defense,” Justice Antonin Scalia wrote in the majority opinion, “has been central to the Second Amendment right.”

But, Scalia added, “The right … is not unlimited,” also leaving room for gun regulation.

Lund said, “It is absolutely a continuing grey area.”

Another grey area is how the court might rule on future Second Amendment issues after the sudden death of Justice Scalia in February.

“So, you know, a lot depends on who replaces Justice Scalia,” said Lund.

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Second Amendment Sports – Bakersfield, CA – Yelp

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Jan 102016
 

Specialties

Second Amendment Sports specializes in serving customers the entire package of what they need to feel prepared for going out into the field. We don’t just merely SELL our wares. We like to evaluate, educate, and make helpful suggestions.

Our clerks will listen to what you need, and present solutions that will fulfill your specific needs.

We offer self defense training at every level and for different purposes. One of our goals in training is to mentally and physically prepare our students to find the most appropriate means to protect themselves. Our Training Division holds non-firearm courses and firearm courses of all levels.

Second Amendment Sports also takes care of customers AFTER the sale. We offer a lifetime warranty for brand new firearms, mount and boresight services, sight installations, offsite gunsmithing, archery pro shop services, and reel spooling.

Established in 1993.

Matt and Dana Janes started selling ammo from inside his father’s storage container at David Janes Company. “We started with six cases of ammunition, re-invested it, and never looked back,” Matt says.

..and he didn’t look back. His business grew from cases of ammo in a corner to adding some long guns in a floor rack, then taking up an entire wall of the storage container to display all his guns. Matt and Dana logged thousands of hours of work into their business and sold guns at gun shows to get the business name out to the Kern County crowd.

In 1999, Matt left full time employment with his father, David Janes, to open up Second Amendment’s own storefront across the street. In 2003, he doubled the retail floorspace to sell more goodies. In 2007, he opened up a second location in Tucson, Arizona.

Matt and Dana show no signs of slowing down! They divide their time between stores, in order to ensure that they are still providing customers with the best experience possible!

Matt Janes involves himself in the entire outdoor sports industry. He has hunted upland game and big game in many western states with firearms and bow. He has fished the entire Pacific Coast. He is a Martial Arms graduate, and has owned almost every firearm imaginable! Matt is an Eagle Scout. He also has extensive backcountry experience in the entire Upper Kern Plateau. In 2005, he was honored with the title of “2005 Kern County Sportsman of the Year.”

“Raised with basic family values and many early outdoor opportunities, I stayed close to my desires while honing my business skills with my father/mentor. Then I took those family business and relationship skills and applied them to the outdoor industry. Continually surrounding myself with good people and loving family has allowed me to find a creative outlet at Second Amendment Sports. I appreciate all my association with you over time, and I hope to continue to share this passion with you!”

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Second Amendment Sports – Bakersfield, CA – Yelp

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Repeal the Second Amendment – Baltimore Sun

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Oct 042015
 

In 2008, the Supreme Court of the United States decided in District of Columbia v. Heller that the Second Amendment to the U.S. Constitution protects a civilian’s right to keep a gun in his home. In 2010, the court decided in McDonald v. Chicago that the Due Process Clause of the Fourteenth Amendment limits the power of state and local governments to outlaw the possession of handguns by private citizens. The vote in each case was five-to-four not exactly a ringing endorsement of the court’s reasoning in either case. But for now, the law of the land with regard to easy access to guns is settled.

The Second Amendment is enthroned mistakenly, but as a matter of law as a fundamental dimension of individual freedom. The practical result is that we must live with carnage by firearms as a daily fact of American life.

Surely, the timid voices of reason and humanity whisper, there is some limit to the atrocities that Americans will tolerate. When Adam Lanza, with no prior criminal history nor treatment for mental illness, killed 26 people including 20 first-grade students at the Sandy Hook Elementary School in Newtown, Conn., on December 14, 2012, the nation was riveted and horrified. Something this unspeakable, this ghastly, this straight-out-of-hell, changed exactly nothing in federal law.

Then, in June of this year, a gunman killed nine churchgoers in Charleston, S.C. Two months later, a Virginia TV news crew was slaughtered on air, and the deed posted almost immediately to social media by the killer. And Thursday, a gunman killed at least 9 people and wounded others on the campus of Oregon’s Umpqua Community College.

What will it take to shock us out of our torpor? Another dead president? Not likely half the country will applaud it. How about a dozen people inspired by ISIS slipping simultaneously into the Mall of America and unveiling the assault weapons they have obtained in perfectly legal ways? I cannot imagine what level of gun violence will serve more to horrify than to entertain.

It is certainly a respectable idea to accept the Second Amendment and treat death by firearms as a public health issue. It is doomed to fail, however, because it isn’t the criminal or the psychotic who produces the murder, it’s the easy means to act out one’s fantasies that produces the criminal and the psychotic. Millions of guns, thousands of gun deaths.

Retired Justice John Paul Stevens, the leading dissenter in Heller and McDonald, has published a wise little book, “Six Amendments: How and Why We Should Change the Constitution.” He suggests five words be added to the Second Amendment so that it reads “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms when serving in the Militia shall not be infringed.”

I say, let’s get rid of the Second Amendment altogether. Let the states and Congress regulate firearms as they see fit. Some states, most of them without big-city violence, will retain laws that allow citizens to carry concealed firearms. Gang-ridden Chicago will try again to crack down on guns. Congress will reconsider universal background checks and the prohibition of assault weapons.

As Justice Stevens informs us in his book, “legislatures are in a far better position than judges to assess the wisdom of such rules and to evaluate the costs and benefits that rule changes can be expected to produce. It is those legislators, rather than federal judges, who should make the decisions that will determine what kinds of firearms should be available to private citizens, and when and how they may be used. Constitutional provisions that curtail the legislative power to govern in this area unquestionably do more harm than good.”

And we’ve all already seen enough harm.

Hal Riedl retired from the Maryland Division of Correction in 2010, and from the office of the state’s attorney for Baltimore City in December 2014. His email is halriedl@msn.com.

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Repeal the Second Amendment – Baltimore Sun

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Clinton at private fundraiser: SCOTUS is wrong about the …

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Oct 032015
 

posted at 6:41 pm on October 2, 2015 by Matt Vespa

At a small private fundraiser in New York, Hillary Clinton slammed the Supreme Court and the National Rifle Association on Second Amendment issues, even going so far as to say that the Court is wrong regarding this provision in our bill of rights. Stephen Gutowski and Alanna Goodman at the Washington Free Beacon obtainedthe audio of this event:

I was proud when my husband took [the National Rifle Association] on, and we were able to ban assault weapons, but he had to put a sunset on so 10 years later. Of course [President George W.] Bush wouldnt agree to reinstate them, said Clinton.

Weve got to go after this, Clinton continued. And here again, the Supreme Court is wrong on the Second Amendment. And I am going to make that case every chance I get.

[]

Im going to speak out, Im going to do everything I can to rally people against this pernicious, corrupting influence of the NRA and were going to do whatever we can, she said.

Clinton argued that the NRA has so intimidated elected members of Congress and other legislative bodies that these people are passing the most absurd laws.

The idea that you can have an open carry permit with an AK-47 over your shoulder walking up and down the aisles of a supermarket is just despicable, she said.

Yet, when one says the Supreme Court is wrong on the Second Amendment, is the former first lady referring to the Heller case? The 2008 D.C. v Heller was a landmark case that said Americans have a constitutional right to own a handgun unrelated to service in a standing militia, but it only applied to federal enclaves. In 2010, McDonald v. Chicago expanded that right to the states.

I have no doubt that Clinton agrees with these views. Im not so sure if she has the guts to pull it off. Yes, her husband did take on the NRA and it partially contributed to the 1994 Democratic wipeout. Speaker of the House Tom Foley (D-OR) became the first sitting speaker since Galusha Grow to lose his re-election bid. Grow was booted in 1862.

Six years later, Democrats still didnt get the picture. The story goes that Vice President Al Gore could have easily become President Gore if he hadnt tried to out-gun control his Democratic rival, Sen. Bill Bradley (D-NJ), in the primaries; a completely unnecessary move since Bradley never polled within striking distance of Gore. The consequence of this was Arkansas, Tennessee, and West Virginia going for Bush. If these three states had been etched into the Gore column, Florida wouldnt have been an issue. Bush could have still won Florida, but Gore would have locked down more than enough electoral votes to win the presidency. Since then, the gun control movement has gone into the bunker.

All Clinton is doing is courting the most progressive elements of the Democratic base, which yearns for a candidate that will challenge the NRA and enact new gun control laws. In reality, Clinton rhetoric on SCOTUS being wrong on the Second Amendment, and her pledge to make that case every chance I get, is the definition of pie-in-the-sky. You need a functioning state-based Democratic political apparatus to place pressure on localities and state legislatures to change the guns laws, file lawsuits, and hope that the Supreme Court will hear arguments again on the Second Amendment. As its been reported before, state-based Democratic parties are all but finished in some states.

This underreported aspect of the Obama era includes the slow, bleeding death of these political operations, which have entered such a state of decrepitude in some areas that Clinton has vowed to rebuild those structures if shes elected president. With no strong Democratic leaders at the local level, no anti-gun voices in the state legislatures, which have become more Republican since 2008, Hillarys crusade to reverse landmark gun rights cases on the Supreme Court seems to be nothing more than slogans for fundraising. Moreover, on the legal front, those who are for Second Amendment freedom appear to be on a winning streak, winning cases in California and Illinois that either expand gun rights, or prevent governing bodies from curtailing them.

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Articles about Second Amendment – latimes

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Sep 262015
 

CALIFORNIA | LOCAL

July 2, 2000 | LINDA ASHTON, ASSOCIATED PRESS

They lock the gate to Canada at 5 p.m. But in this woodsy corner of northeastern Washington, no one really seems to mind the wait until it reopens promptly at 9 the next morning. In an emergency, there’s a border crossing open until midnight about 10 miles to the west. “This part of the country is still kind of backward. I like it that way.

NEWS

May 13, 2000 | RICHARD SIMON, TIMES STAFF WRITER

Their counterdemonstration in support of gun rights will be smaller than the Million Mom March. But the gun-owning women who make up the Second Amendment Sisters feel just as passionately about their cause. “The anti-gun factions constantly say that if it saves one life, it’s worth it,” said Debra Collins, who once used a 12-gauge shotgun to defend herself from an attack by her ex-husband at 4 o’clock in the morning. “Well, my firearm saved one life–mine.”

NEWS

July 22, 1999 | MICHAEL HARRIS, SPECIAL TO THE TIMES

Like many another old-timer, Leon Uris looks at America and doesn’t like what he sees. Gun manufacturers peddling ever more lethal weaponry under the cover of the Second Amendment. Media grown hysterical and trivial. Racial sores left to fester. The nation’s “social agenda” abandoned in favor of corporate greed. A general falling-off of virtue, so that the heroic Marines of World War II he wrote about in his first novel, “Battle Cry,” are grotesquely parodied by right-wing militiamen.

CALIFORNIA | LOCAL

May 31, 1994

Your editorial “Fear of Gun Crime: Deeper Than Any Set of Statistics” (May 22) hits very wide of the bull’s-eye. Though criminal usage of firearms is up, so is successful civilian usage in justified self-defense, to over 2 million per annum. Regarding the meaning of the Second Amendment, you’re only half right. The constitutional framers were rightly afraid of a dictatorial central government; however, the Second Amendment does in fact confirm an individual right to own arms.

CALIFORNIA | LOCAL

May 24, 1994

I was especially intrigued by the last paragraph of “Handgun Crime Soaring in U.S., Report Says,” May 17. I quote, “The survey also found that 38% of the victims who were armed attacked the individuals seeking to harm them. One-fifth of those attempting to protect themselves with a firearm were injured, compared to almost half who used other weapons or had no weapon at all.” I guess it comes as no surprise that the notoriously anti-gun Times would bury this intriguing bit of news at the very end. SAM BRUNSTEIN Glendale By now everyone knows the position of the National Rifle Assn.

NEWS

May 8, 1994

In Paula Poundstone’s piece (“The Good Old Days? Somebody Stole ‘Em,” Laugh Lines, April 25) she makes the false statement regarding the Old West that “they didn’t have the evil NRA then because nobody was against guns to begin with.” In fact, the National Rifle Assn. was incorporated in 1871 during the relatively brief period between the Civil War and the turn of the century that we think of as the “Wild West” period. It was during this era that attempts were made to disenfranchise and leave defenseless newly freed blacks by not allowing them to possess firearms as all other Americans could.

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Articles about Second Amendment – latimes

Second Amendment – Issue Statements – U.S. Senator Johnny Isakson

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Sep 262015
 

Johnny Isaksons Position Statement on Second Amendment Rights

I firmly believe that we do not need more gun control in America; rather we need more criminal control. Therefore, I support instant background checks on all retail sales of guns to prevent convicted felons from obtaining them, but I do not support waiting periods or the registration of any firearm. I will continue to oppose any attempts to crack down on law-abiding firearms owners, rather than punishing criminals who use guns.

Additionally, the mass shootings by mentally unstable individuals over the past years should make us pause and take stock. After 9/11, we came together to see what we could do to prevent another attack. The work of the 9/11 Commission made flying safer and has helped us prevent another hijacking of a U.S. plane by terrorists. In the wake of these mass shootings, we should evaluate in a thoughtful process gun safety, mental health, school security and all other components that contributed to these horrendous acts of violence.

I have earned A ratings from the National Rifle Association since arriving in Congress for my consistent support of pro-Second Amendment legislation. I will continue to work for commonsense legislation that keeps our children safe without infringing upon our Second Amendment rights.

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Second Amendment – Issue Statements – U.S. Senator Johnny Isakson

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Second Amendment | United States Constitution | Britannica.com

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Sep 022015
 

Second Amendment,Second AmendmentNARAamendment to the Constitution of the United States, adopted in 1791 as part of the Bill of Rights, that provided a constitutional check on congressional power under Article I Section 8 to organize, arm, and discipline the federal militia. The Second Amendment reads, A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Referred to in modern times as an individuals right to carry and use arms for self-defense, the Second Amendment was envisioned by the framers of the Constitution, according to College of William and Mary law professor and future U.S. District Court judge St. George Tucker in 1803 in his great work Blackstones Commentaries: With Notes of Reference to the Constitution and Laws of the Federal Government of the United States and of the Commonwealth of Virginia, as the true palladium of liberty. In addition to checking federal power, the Second Amendment also provided state governments with what Luther Martin (1744/481826) described as the last coup de grace that would enable the states to thwart and oppose the general government. Last, it enshrined the ancient Florentine and Roman constitutional principle of civil and military virtue by making every citizen a soldier and every soldier a citizen. (See also gun control.)

Until 2008 the Supreme Court of the United States had never seriously considered the constitutional scope of the Second Amendment. In its first hearing on the subject, in Presser v. Illinois (1886), the Supreme Court held that the Second Amendment prevented the states from prohibit[ing] the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security. More than four decades later, in United States v. Schwimmer (1929), the Supreme Court cited the Second Amendment as enshrining that the duty of individuals to defend our government against all enemies whenever necessity arises is a fundamental principle of the Constitution and holding that the common defense was one of the purposes for which the people ordained and established the Constitution. Meanwhile, in United States v. Miller (1939), in a prosecution under the National Firearms Act (1934), the Supreme Court avoided addressing the constitutional scope of the Second Amendment by merely holding that the possession or use of a shotgun having a barrel of less than eighteen inches in length was not any part of the ordinary military equipment protected by the Second Amendment.

For more than seven decades after the United States v. Miller decision, what right to bear arms that the Second Amendment protected remained uncertain. This uncertainty was ended, however, in District of Columbia v. Heller (2008), in which the Supreme Court examined the Second Amendment in exacting detail. In a narrow 54 majority, delivered by Antonin Scalia, the Supreme Court held that self-defense was the central component of the amendment and that the District of Columbias prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense to be unconstitutional. The Supreme Court also affirmed previous rulings that the Second Amendment ensured the right of individuals to take part in the defending of their liberties by taking up arms in an organized militia. However, the court was clear to emphasize that an individuals right to an organized militia is not the sole institutional beneficiary of the Second Amendments guarantee.

Because the Heller ruling constrained only federal regulations against the right of armed self-defense in the home, it was unclear whether the court would hold that the Second Amendment guarantees established in Heller were equally applicable to the states. The Supreme Court answered this question in 2010, with its ruling on McDonald v. Chicago. In a plurality opinion, a 54 majority held that the Heller right to possess a handgun in the home for the purpose of self-defense is applicable to the states through the Fourteenth Amendments due process clause.

However, despite the use of person in the Fourteenth Amendments due process clause, the McDonald plurality opinion did not extend to noncitizens. Clarence Thomass fifth and decisive vote only extended the Second Amendment right recognized in Heller to citizens. Thomas wrote, Because this case does not involve a claim brought by a noncitizen, I express no view on the difference, if any, between my conclusion and the plurality with respect to the extent to which States may regulate firearm possession by noncitizens. Thomas further came to this conclusion because he thought the Second Amendment should be incorporated through the Fourteenth Amendments privileges or immunities clause, which only recognizes the rights of citizens.

The relatively narrow holdings in the McDonald and Heller decisions left many Second Amendment legal issues unsettled, including the constitutionality of many federal gun-control regulations, whether the right to carry or conceal a weapon in public was protected, and whether noncitizens are protected through the equal protection clause.

The origins of the Second Amendment can be traced to ancient Roman and Florentine times, but its English origins developed in the late 16th century when Queen Elizabeth I instituted a national militia where individuals of all classes were required by law to take part in defending the realm. Although Elizabeths attempt to establish a national militia failed miserably, the ideology of the militia would be used as a political tool up to the mid-18th century. The political debate over the establishment and control of the militia was a contributing factor in both the English Civil Wars (164251) and the Glorious Revolution (168889).

Despite recognition in the early 21st century by the Supreme Court that the Second Amendment protected armed individual self-defense in the home, many constitutional historians disagreed with the court that the Second Amendment protected anything but the right to participate in a militia force as the means of defending their liberties. For over two centuries there was a consensus that the Second Amendment protected only the right of individuals to keep and bear Arms in order to take part in defending their liberties as a militia force. However, by the late 20th century the popular consensus had shifted, many believing that the Second Amendment was framed to protect armed self-defense in the home.

In England, following the Glorious Revolution, the Second Amendments predecessor was codified in the British Bill of Rights in 1689, under its Article VII, which proclaimed that the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law. Often misinterpreted as a right to defend ones person, home, or property, the allowance to have arms ensured that Parliament could exercise its sovereign right of self-preservation against a tyrannical crown by arming qualified Protestants as a militia.

The framers of the U.S. Constitution undoubtedly had in mind the English allowance to have arms when drafting the Second Amendment. The constitutional significance of a well regulated Militia is well documented in English and American history from the late 17th century through the American Revolution; it was included in the Articles of Confederation (1781), the countrys first constitution, and was even noted at the Constitutional Convention that drafted the new U.S. Constitution in Philadelphia in 1787. The right to keep and bear Arms was thus included as a means to accomplish the objective of a well regulated Militiato provide for the defense of the nation, to provide a well-trained and disciplined force to check federal tyranny, and to bring constitutional balance by distributing the power of the sword equally among the people, the states, and the federal government.

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Second Amendment March

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Aug 102015
 

Second Amendment March was founded in 2009 for the purpose of organizing a nationwide pro-Second Amendment Rally in Washington, D.C. The original event took place in 2010.Since that event we have focused on Michigan events, working in conjunction with Michigan’s largest gun rights organizations.

What:A peaceful gatheringto demonstrate the political strength of Michigan’s legal gun owners and Second Amendment advocates

When:Wednesday, April 29 2015 from 10:00 a.m. to 2:00 p.m.

Where:Lansing State Capitol lawn

The Details:

Michigan’s Second Amendment March will be held on Wednesday, April 29th at Michigan’s Capitol.The event will begin at 10:00 a.m. on the Capitol lawn. Unlike previous years, the actual march part of the event will be around the Capitol Building and it will be midway through the event. Legislature is in session that day. We’ll be showing them the political strength of Michigan’s legal gun owners. The march is being organized by Skip Coryell’s Second Amendment March and jointly promoted and funded by the Michigan Coalition for Responsible Gun Owners, Michigan Open Carry, and Michigan Gun Owners. Please visit our Facebook event page for the most updated information.

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Second Amendment March

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So You Think You Know the Second Amendment? – The New Yorker

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Jul 222015
 

Does the Second Amendment prevent Congress from passing gun-control laws? The question, which is suddenly pressing, in light of the reaction to the school massacre in Newtown, is rooted in politics as much as law.

For more than a hundred years, the answer was clear, even if the words of the amendment itself were not. The text of the amendment is divided into two clauses and is, as a whole, ungrammatical: A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The courts had found that the first part, the militia clause, trumped the second part, the bear arms clause. In other words, according to the Supreme Court, and the lower courts as well, the amendment conferred on state militias a right to bear armsbut did not give individuals a right to own or carry a weapon.

Enter the modern National Rifle Association. Before the nineteen-seventies, the N.R.A. had been devoted mostly to non-political issues, like gun safety. But a coup dtat at the groups annual convention in 1977 brought a group of committed political conservatives to poweras part of the leading edge of the new, more rightward-leaning Republican Party. (Jill Lepore recounted this history in a recent piece for The New Yorker.) The new group pushed for a novel interpretation of the Second Amendment, one that gave individuals, not just militias, the right to bear arms. It was an uphill struggle. At first, their views were widely scorned. Chief Justice Warren E. Burger, who was no liberal, mocked the individual-rights theory of the amendment as a fraud.

But the N.R.A. kept pushingand theres a lesson here. Conservatives often embrace originalism, the idea that the meaning of the Constitution was fixed when it was ratified, in 1787. They mock the so-called liberal idea of a living constitution, whose meaning changes with the values of the country at large. But there is no better example of the living Constitution than the conservative re-casting of the Second Amendment in the last few decades of the twentieth century. (Reva Siegel, of Yale Law School, elaborates on this point in a brilliant article.)

The re-interpretation of the Second Amendment was an elaborate and brilliantly executed political operation, inside and outside of government. Ronald Reagans election in 1980 brought a gun-rights enthusiast to the White House. At the same time, Orrin Hatch, the Utah Republican, became chairman of an important subcommittee of the Senate Judiciary Committee, and he commissioned a report that claimed to find clearand long lostproof that the second amendment to our Constitution was intended as an individual right of the American citizen to keep and carry arms in a peaceful manner, for protection of himself, his family, and his freedoms. The N.R.A. began commissioning academic studies aimed at proving the same conclusion. An outr constitutional theory, rejected even by the establishment of the Republican Party, evolved, through brute political force, into the conservative conventional wisdom.

And so, eventually, this theory became the law of the land. In District of Columbia v. Heller, decided in 2008, the Supreme Court embraced the individual-rights view of the Second Amendment. It was a triumph above all for Justice Antonin Scalia, the author of the opinion, but it required him to craft a thoroughly political compromise. In the eighteenth century, militias were proto-military operations, and their members had to obtain the best military hardware of the day. But Scalia could not create, in the twenty-first century, an individual right to contemporary military weaponslike tanks and Stinger missiles. In light of this, Scalia conjured a rule that said D.C. could not ban handguns because handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.

So the government cannot ban handguns, but it can ban other weaponslike, say, an assault rifleor so it appears. The full meaning of the courts Heller opinion is still up for grabs. But it is clear that the scope of the Second Amendment will be determined as much by politics as by the law. The courts will respond to public pressureas they did by moving to the right on gun control in the last thirty years. And if legislators, responding to their constituents, sense a mandate for new restrictions on guns, the courts will find a way to uphold them. The battle over gun control is not just one of individual votes in Congress, but of a continuing clash of ideas, backed by political power. In other words, the law of the Second Amendment is not settled; no law, not even the Constitution, ever is.

Photograph by Mario Tama/Getty.

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So You Think You Know the Second Amendment? – The New Yorker

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Second Amendment | Wex Legal Dictionary / Encyclopedia …

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May 282015
 

The Second Amendment of the United States Constitution reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Such language has created considerable debate regarding the Amendment’s intended scope. On the one hand, some believe that the Amendment’s phrase “the right of the people to keep and bear Arms” creates an individual constitutional right for citizens of the United States. Under this “individual right theory,” the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. On the other hand, some scholars point to the prefatory language “a well regulated Militia” to argue that the Framers intended only to restrict Congress from legislating away a state’s right to self-defense. Scholars have come to call this theory “the collective rights theory.” A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right.

In 1939 the U.S. Supreme Court considered the matter in United States v. Miller. 307 U.S. 174. The Court adopted a collective rights approach in this case, determining that Congress could regulate a sawed-off shotgun that had moved in interstate commerce under the National Firearms Act of 1934 because the evidence did not suggest that the shotgun “has some reasonable relationship to the preservation or efficiency of a well regulated milita . . . .” The Court then explained that the Framers included the Second Amendment to ensure the effectiveness of the military.

This precedent stood for nearly 70 years when in 2008 the U.S. Supreme Court revisited the issue in the case of District of Columbia v. Heller (07-290). The plaintiff in Heller challenged the constitutionality of the Washington D.C. handgun ban, a statute that had stood for 32 years. Many considered the statute the most stringent in the nation. In a 5-4 decision, the Court, meticulously detailing the history and tradition of the Second Amendment at the time of the Constitutional Convention, proclaimed that the Second Amendment established an individual right for U.S. citizens to possess firearms and struck down the D.C. handgun ban as violative of that right. The majority carved out Miller as an exception to the general rule that Americans may possess firearms, claiming that law-abiding citizens cannot use sawed-off shotguns for any law-abiding purpose. Similarly, the Court in its dicta found regulations of similar weaponry that cannot be used for law-abiding purposes as laws that would not implicate the Second Amendment. Further, the Court suggested that the United States Constitution would not disallow regulations prohibiting criminals and the mentally ill from firearm possession.

Thus, the Supreme Court has revitalized the Second Amendment. The Court continued to strengthen the Second Amendment through the 2010 decision inMcDonald v. City of Chicago(08-1521). The plaintiff inMcDonaldchallenged the constitutionally of the Chicago handgun ban, which prohibited handgun possession by almost all private citizens. In a 5-4 decisions, the Court, citing the intentions of the framers and ratifiers of the Fourteenth Amendment, held that the Second Amendment applies to the states through theincorporation doctrine.However, the Court did not have a majority on which clause of the Fourteenth Amendment incorporates the fundamental right to keep and bear arms for the purpose of self-defense. While Justice Alito and his supporters looked to the Due Process Clause, Justice Thomas in his concurrence stated that the Privileges and Immunities Clause should justify incorporation.

However, several questions still remain unanswered, such as whether regulations less stringent than the D.C. statute implicate the Second Amendment, whether lower courts will apply their dicta regarding permissible restrictions, andwhat level of scrutiny the courts should apply when analyzing a statute that infringes on the Second Amendment.

Recent case law since Heller suggests that courts are willing to, for example, uphold

See constitutional amendment.

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PASTOR SAYS BLACKS NEED TO GET GUNS AND FIGHT BACK – Video

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Apr 142015
 



PASTOR SAYS BLACKS NEED TO GET GUNS AND FIGHT BACK
A Christian Pastor in the wake of the murder of Walter Scott, says that nonviolence does not work in today society, and that black people need to use their second amendment right of getting…

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PASTOR SAYS BLACKS NEED TO GET GUNS AND FIGHT BACK – Video

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Reconsidering Charlie Hebdo – Free Speech, Offense, and Violence in Context – Video

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Apr 122015
 



Reconsidering Charlie Hebdo – Free Speech, Offense, and Violence in Context
This is the second of a new series of community-focused lectures, discussions, and dialogues, the “Reconsidering. . . .” series. This particular discussion focused on the events, conflicts,…

By: Gregory B. Sadler

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Reconsidering Charlie Hebdo – Free Speech, Offense, and Violence in Context – Video

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Some Conservative Lawmakers Working To Roll Back Gun Restrictions – Second Amendment – Video

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Apr 112015
 



Some Conservative Lawmakers Working To Roll Back Gun Restrictions – Second Amendment
Some Conservative Lawmakers Working To Roll Back Gun Restrictions – Second Amendment – America's newsroom =========================================== **Please Click Below to …

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Some Conservative Lawmakers Working To Roll Back Gun Restrictions – Second Amendment – Video




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