[Tony_SS]

Originally Posted by garickman

Thanks for the response Curtis. In regards to the discussion we are having about your initial response to SuperSport, I am afraid as gentlemen we will have to agree to disagree. I can admire someone who sticks to what they believe.

The reason I ask if you read the Constitution is because in post 55 in your response to me, you stated that if SuperSport supports the Constitution then he should be angry that it's being unfairly attacked attacked by people who don't understand it. After seeing your response on the second amendment it appears that it is you that doesn't understand.

The second amendment states "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"

When the second amendment was drafted, The United States did not have standing Army. As a result, our new nation depended on on-call militias. Because the people are members of a reserve militia, they keep and own there on military equipment, hence the wording in the second amendment.

Contrary to popular belief, the second amendment was not enacted to fend off a tyrannical government. There is no law, statute or Constitutional provision that exists in this country to allow someone to fight domestic tyranny, which is generally described as oppressive with absolute power vested in a single ruler. By definition, the United States cannot be tyrannical because it is a represented democracy where you have the right to overthrow any person or party every two, four or six years depending on the office. Your recourse is political action and being enfranchised to vote, organize and petition.

On June 26th, 2008, the United States Supreme Court handed down a decision in regards to D.C vs. Heller. The Court affirmed an individual right to possess a firearm without respect to whether the bearer is a militia member, and that these arms can only be possessed for lawful purposes, such as self-defense. Heller also confirmed that your 2nd Amendment rights are not absolute or unlimited. Concealed weapons can be banned by states, you can limit their possession by felons and the mentally ill, and you can ban carrying a weapon in certain areas and regulate the sale of weapons. Particularly dangerous and unusual weapons can also be regulated or banned.

Many people (it appears yourself included) wrongly believe in the insurrection theory of the second amendment. Under this view, the second amendment grants an unconditional right to bear arms against self defense and for rebellion against a tyrannical government. When the government turns oppressive, private citizens have a duty to "insurrect" or take up arms against it.

I'm sure as one who understands the Constitution so well you can agree that the Supreme Court makes the ultimate determination of the Constitutions meaning. You might not like that but that is the way it is. In 1951, Dennis vs. The United States, The Supreme Court issued a qualified rejection of the insurrection theory. In their rejection they wrote the following. Whatever theoretical merit there may be to the argument that there is a 'right' to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change." Scholars have interpreted this to mean that as long as the government provides for free elections and trials by jury, private citizens have no right to take up arms against the government.

Tyrants are voted into power. My grandfather had the misforture of being in the Nazi army and was a Russian prisoner of war. My dad fled that country post WW2. So trust me, I know all about the Hell that country turned into - at the hands of voters. So the idea that some sort of democracy can not become tyrannical is naive at best. Besides, our country is a Constitutional republic.

As for your Supreme Court argument. One response. Dred Scott. That one surely didn't hold up.
The Supreme Court hands down opinions. Congress makes the laws. And unconstitutional laws are not laws.

Now regarding the 2nd. Gary, do your homework. This country was founded as a response to tyranny under the rule of king, it was not setting up a new king and his army.

"What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty.... Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins." (Rep. Elbridge Gerry of Massachusetts, spoken during floor debate over the Second Amendment [I Annals of Congress at 750 {August 17, 1789}])

"...but if circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people, while there is a large body of citizens, little if at all inferior to them in discipline and use of arms, who stand ready to defend their rights..." (Alexander Hamilton speaking of standing armies in Federalist 29.)

"Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States" (Noah Webster in 'An Examination into the Leading Principles of the Federal Constitution', 1787, a pamphlet aimed at swaying Pennsylvania toward ratification, in Paul Ford, ed., Pamphlets on the Constitution of the United States, at 56(New York, 1888))

The 2nd is in fact a check to the power of a federal govt. The whole system was designed with checks and balances, as a Republic, under the rule of law, not under the rule of men, a king or his army. Because this country declared independence from a tyranny, not to establish a new form of it. The 1st, 2nd and the whole Bill of Rights tries to secure that. The bill of rights does not grant us rights, it limits the power of a federal govt over individuals.