From: Andrew Shlapak (divise_at_earthlink.net)
Date: Tue May 13 2003 - 00:23:14 PDT
On Friday, May 9, 2003, at 01:02 US/Pacific, newtontalk_at_newtontalk.net
wrote:
> There is no individual right in the constitution to bear arms. There
> is a state's right. But the claim to an individual right is a
> historical and precedental fiction, pure and simple.
…just as the First Amendment, etc. is about states' rights, I suppose.
One should also read the Ninth Amendment. Further, none of the first
ten amendments stand alone; they are inseparable and supporting by the
lights - the understanding - of the Founding Fathers.
> There's this odd belief that the second amendment prevents tyranny.
> This has never been a historical position -- it's an invention of the
> last seventy years or so.
…hardly - a reading of The Federalist Papers and The Declaration of
Independence points to this argument. Both are older than 70 years.
As far as court rulings are concerned, all questions brought before a
court as a trier of fact or on appeal are narrowly focused and,
perforce, exclude issues not within the specifics bounds of the
question itself. The actual transcribed/written verdicts/opinions
necessarily address the specifics of the presented case (with some
argument). The (wider) interpretations are made by those who enforce
the law, the politicians and those who have a view they wish to
reinforce. While "historical precedent" may in some sense be correct -
due to interpretation - it is not a legally persuasive argument.
As far as numbers are concerned - to paraphrase: there are lies, damn
lies and statistics.
Additionally, in our (U. S. of A.) republican form of government, the
concept of "liberty not license" is assumed. Therefore, while the right
to bear arms is included within the "1st Ten", the definition - the
type - of arms addressed is not unlimited. In the main this is where
the argument lies.
Thank you,
Andrew Shlapak
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