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12-16-2004, 08:08 PM
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#571
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Registered User
Join Date: Mar 2003
Location: Government Yard in Trenchtown
Posts: 20,182
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by sgtclub
I'm sure the Miller case covers it, but does the application of the 2nd amendment to the States jive with this? If the militias are regulated by the states, how do the states regulate militias and at the same time not infringe the right to bear arms?
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At the time of the constitution, militia referred to the entire military establishment, and by extension the entire eligible population. States and then towns were alloted soldiers they needed to produce, and they produced them. They usually brought their own guns, because there wasn't much of a government gun budget. But, literally, every male citizen could be called on by his peers to report for duty, and everyone expected to spend some significant time fighting. Remember, this was a country that had seen very little peace over the prior two generations.
By the way, "state" isn't meant as "a state" in the second amendment, but refers to "the state". I can't enlighten you much on Miller; I know a reasonable amount about the military, but really haven't paid much attention to the jurisprudential discussion on this issue. The debates are usually dominated by crazies who already have their mind made up.
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12-16-2004, 08:11 PM
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#572
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Registered User
Join Date: Mar 2003
Location: Flyover land
Posts: 19,042
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by Greedy,Greedy,Greedy
The debates are usually dominated by crazies who already have their mind made up.
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And this current discussion is no exception.
Club, the word you want is "jibe" not "jive." I now think the glean/gleam was just a after-the-fact justification and dtb actually won that bet.
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12-16-2004, 08:45 PM
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#573
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Serenity Now
Join Date: Mar 2003
Location: Survivor Island
Posts: 7,007
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by ltl/fb
And this current discussion is no exception.
Club, the word you want is "jibe" not "jive." I now think the glean/gleam was just a after-the-fact justification and dtb actually won that bet.
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You need to get laid. Actually ass-fucked.
That is not an offer.
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12-16-2004, 08:45 PM
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#574
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Moderator
Join Date: Mar 2003
Location: Monty Capuletti's gazebo
Posts: 26,231
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smoke & mirrors
Quote:
Originally posted by Mmmm, Burger (C.J.)
Anyway, I'm surprised our urbane sebby is in cahoots with the red-state farmers who think that repeal of the death tax is the most important thing since sliced bread, 'cuz when daddy leaves the two mules and the big red barn, they don' want no guvment taking one of 'em mules.
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I don't have a real concern. I stated earlier my problem with it is merely moral. If you have the kind of cash that makes the estate tax an issue, you aren't worried about it. I don't have that cash, so I don't have to worrry about it either. And if I someday do, I probably will let an accountant worrry about it for me.
__________________
All is for the best in the best of all possible worlds.
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12-16-2004, 08:49 PM
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#575
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Southern charmer
Join Date: Mar 2003
Location: At the Great Altar of Passive Entertainment
Posts: 7,033
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by sgtclub
You need to get laid. Actually ass-fucked.
That is not an offer.
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Cluuuuuuuuuuub. You been lurkin' on the FB again?
__________________
I'm done with nonsense here. --- H. Chinaski
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12-16-2004, 08:57 PM
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#576
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Serenity Now
Join Date: Mar 2003
Location: Survivor Island
Posts: 7,007
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by Gattigap
Cluuuuuuuuuuub. You been lurkin' on the FB again?
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Not recently. Was that the topic today?
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12-16-2004, 08:58 PM
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#577
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Registered User
Join Date: Mar 2003
Location: Flyover land
Posts: 19,042
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by sgtclub
Not recently. Was that the topic today?
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Whatever made you connect me with ass-fucking? Or were you viewing it as something that would be a demeaning punishment?
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12-16-2004, 09:05 PM
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#578
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Serenity Now
Join Date: Mar 2003
Location: Survivor Island
Posts: 7,007
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So There are Just 9 Amendments in the Bill of Rights?
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[i]By the way, "state" isn't meant as "a state" in the second amendment, but refers to "the state".
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I realize that. I just think that applying the 2nd to the several states is not as easy as some of the other amendments.
The 2nd amendment, at the time it was written, was a prohibition on the federal government's ability to infringe on the right to keep and bear arms. Ty suggests that at the time the states were "regulating" the militias and, as such, the the limits on the 2nd amendment must be viewed with reference to the state laws. Fine and dandy.
No apply the 2nd amendment to the states. How does that work? Aren't the States now prohibited from infringing on the right to bear arms? In other words, do not the States essentially step in the shoes of the fed for this purpose.
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12-16-2004, 09:06 PM
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#579
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Serenity Now
Join Date: Mar 2003
Location: Survivor Island
Posts: 7,007
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by ltl/fb
Whatever made you connect me with ass-fucking? Or were you viewing it as something that would be a demeaning punishment?
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Because a normal lay wouldn't be enough to loosen you up. You need something a little saucier.
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12-16-2004, 09:14 PM
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#580
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Registered User
Join Date: Mar 2003
Location: Flyover land
Posts: 19,042
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by sgtclub
Because a normal lay wouldn't be enough to loosen you up. You need something a little saucier.
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Probably true. Sounds like you've been thinking about it a lot.
Plus, it would cure the hiccups and hangover.
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12-16-2004, 09:32 PM
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#581
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Consigliere
Join Date: Mar 2003
Location: Pelosi Land!
Posts: 9,480
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
sgtclub
Not recently. Was that the topic today?
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Gential Herpes.
To the happiness of everyone involved, it will disappear.
Yet, in the end, the sore always comes back.
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12-16-2004, 09:44 PM
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#582
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Registered User
Join Date: Mar 2003
Location: Flyover land
Posts: 19,042
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by SlaveNoMore
Gential Herpes.
To the happiness of everyone involved, it will disappear.
Yet, in the end, the sore always comes back.
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So you hate her because she gave you herpes? Nifty twist.
Re: your avatar. Looks like you let the fur grow in for the holidays. Interesting. I do now have a better understanding of why you do the total body shave.
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12-16-2004, 10:21 PM
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#583
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Moderasaurus Rex
Join Date: May 2004
Posts: 33,084
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by sgtclub
The 2nd amendment, at the time it was written, was a prohibition on the federal government's ability to infringe on the right to keep and bear arms. Ty suggests that at the time the states were "regulating" the militias and, as such, the the limits on the 2nd amendment must be viewed with reference to the state laws. Fine and dandy.
No apply the 2nd amendment to the states. How does that work? Aren't the States now prohibited from infringing on the right to bear arms? In other words, do not the States essentially step in the shoes of the fed for this purpose.
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None of this makes sense to me, and I don't think it relates much to what I was trying to say.
My point was not about the limits or extent of state authority. My point is that though you seem to think that by "militia" the framers were refering to whatever unruly mob might show up on the spur of the moment to protect the commonweal, and that the framers meant to ensure that these villagers had not only torches and pitchforks but guns as well, in point of fact the colonial militias were organized affairs that were "regulated" by state law requiring, e.g., regular muster and things of that sort. Colonial militias looked more like today's National Guard than you seem to think. And if you don't believe me, read Miller.
__________________
“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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12-16-2004, 10:28 PM
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#584
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Proud Holder-Post 200,000
Join Date: Sep 2003
Location: Corner Office
Posts: 86,150
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by SlaveNoMore
Gential Herpes.
To the happiness of everyone involved, it will disappear.
Yet, in the end, the sore always comes back.
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POTY (-PB)*
* and no offense to the subject of the post, it's just this was a nice composition.
__________________
I will not suffer a fool- but I do seem to read a lot of their posts
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12-16-2004, 10:34 PM
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#585
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Moderasaurus Rex
Join Date: May 2004
Posts: 33,084
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So There are Just 9 Amendments in the Bill of Rights?
Quote:
Originally posted by Hank Chinaski
POTY (-PB)*
* and no offense to the subject of the post, it's just this was a nice composition.
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Two more syllables and it would have been a double haiku.
__________________
“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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