Gun Control & RKBA

Eleanors38

(18,318 posts)

13. They seem to have equated them both in the same sentence.

Wed Nov 11, 2015, 03:41 PM

Nov 2015

I just don't think you are going to get far with some "community rights" approach to the Constitution. It isn't really there in any meaningful way, esp. a right which is conditioned by the state. And I don't think the weight of legal, historical analysis is on your side.

I remember from my college days spirited discussion between some "lefties" who decried the individualist notion of BOR rights, and the "negativist" way they are couched, preferring rights which were positively expressed and some how "given" to groups and communities. Even they did not contest that the individual/negativist structure existed, only they didn't like it and wanted it to change.

Curiously, the Second never came up in the debates.

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31 replies

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Highlight:

2nd Amendment showerthought... [View all] Kang Colby Nov 2015 OP

I know people like their guns itsrobert Nov 2015 #1

Actually... Kang Colby Nov 2015 #2

Don't spoil other people's romantic moments.... FSogol Nov 2015 #5

Well, some controllers say the best thing to do with explosive diarrhea... Eleanors38 Nov 2015 #6

What are arms? JonathanRackham Nov 2015 #26

history jimmy the one Nov 2015 #3

You forgot TeddyR Nov 2015 #10

arbitrary power of posters jimmy the one Nov 2015 #22

Actually TeddyR Nov 2015 #27

You are excluding a mountain of case law. (Verdugo-Urquidez, Emerson, etc.) Kang Colby Nov 2015 #19

This ^^^ beevul Nov 2015 #20

Very good post TeddyR Nov 2015 #21

pennsy minority rkba report jimmy the one Nov 2015 #24

Setting aside everything else that is wrong about your post TeddyR Nov 2015 #28

get new glasses jimmy the one Nov 2015 #29

sam adams proposal was withdrawn jimmy the one Nov 2015 #30

don't feel bad for us jimmy the one Nov 2015 #23

Your argument boils down to Kang Colby Nov 2015 #31

state constitutional rkba's jimmy the one Nov 2015 #25

The 2A. deathrind Nov 2015 #4

Re-read the Fourth. Eleanors38 Nov 2015 #7

The 4th. deathrind Nov 2015 #12

They seem to have equated them both in the same sentence. Eleanors38 Nov 2015 #13

Right off the top of my head one issue I have with your interpretation TeddyR Nov 2015 #17

The Second Amendment TeddyR Nov 2015 #8

There is a clear difference between the 4th and the 2nd. deathrind Nov 2015 #11

Thanks for the response and link TeddyR Nov 2015 #16

The 2nd was intended to do 1 thing - ensure the effectiveness of the Militias of the several States. jmg257 Nov 2015 #9

The right to own firearms should be understood at a primary part of natural law. ileus Nov 2015 #14

One small correction. branford Nov 2015 #15

There's a good bit of scholarly work that supports exactly that interpretation TeddyR Nov 2015 #18