Posted on May 20, 2016
What's your least favorite manifestation of our Constitutional Rights?
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Posted >1 y ago
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What's my "least favorite manifestation of our Constitutional Rights"? I can't think of any. Now, if you'll allow me to alter your question ever so slightly...
What's my least favorite manifestation of "the Right of the People to alter or to abolish it [the government], and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness" expressed in the Declaration of Independence. Well, that's easy. It's the fact that people are abolishing our Constitutional Republic to replace it with something that seems most likely to diminish our Safety and Happiness. They began by chiseling away at our constitutionally limited government, replacing it with a cancer growing in the District of Calamity, and then complaining that it doesn't work anymore.
That's my answer and I'm sticking to it...
What's my least favorite manifestation of "the Right of the People to alter or to abolish it [the government], and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness" expressed in the Declaration of Independence. Well, that's easy. It's the fact that people are abolishing our Constitutional Republic to replace it with something that seems most likely to diminish our Safety and Happiness. They began by chiseling away at our constitutionally limited government, replacing it with a cancer growing in the District of Calamity, and then complaining that it doesn't work anymore.
That's my answer and I'm sticking to it...
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MSG (Join to see)
Erosion is an amazing dynamic of nature as it allows the smallest trickle to bring down a mountain.
CPT Jack Durish Feel free to take any liberties with my posts that you feel will add to the discourse. It's a free country.
CPT Jack Durish Feel free to take any liberties with my posts that you feel will add to the discourse. It's a free country.
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I've posted this before, but here is a part of Michael Douglas's speech fro The American President:
"America isn't easy. America is advanced citizenship. You've gotta want it bad, 'cause it's gonna put up a fight. It's gonna say, "You want free speech? Let's see you acknowledge a man whose words make your blood boil, who's standing center stage and advocating at the top of his lungs that which you would spend a lifetime opposing at the top of yours." You want to claim this land as the land of the free? Then the symbol of your country cannot just be a flag. The symbol also has to be one of its citizens exercising his right to burn that flag in protest. Now show me that, defend that, celebrate that in your classrooms.
Then you can stand up and sing about the land of the free."
"America isn't easy. America is advanced citizenship. You've gotta want it bad, 'cause it's gonna put up a fight. It's gonna say, "You want free speech? Let's see you acknowledge a man whose words make your blood boil, who's standing center stage and advocating at the top of his lungs that which you would spend a lifetime opposing at the top of yours." You want to claim this land as the land of the free? Then the symbol of your country cannot just be a flag. The symbol also has to be one of its citizens exercising his right to burn that flag in protest. Now show me that, defend that, celebrate that in your classrooms.
Then you can stand up and sing about the land of the free."
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I wish the 2d Amendment just said "every citizen of this country can have any and as many firearms as they wish". Done.
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MSG (Join to see)
SFC Wade W. you were the one 2nd Amendment poster. I am surprised. I wish they had just ommitted the preface about the militias. Would have saved a lot of confusion.
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CW4 Guy Butler
MSG (Join to see) SFC Wade W. There wa a reason why the militia is included in the 2nd Amendment - to provide a standing force to defend the country. It should be noted that the Bill of Rights was ratified Dec 15, 1791, and the Militia Acts were passed in May 1972 - and defined the "well-regulated militia" (included below in the link). Section 1 of the May 8 Militia Act is as follows:
"I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes."
When they said well-regulated, they meant it.
http://www.constitution.org/mil/mil_act_1792.htm
"I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes."
When they said well-regulated, they meant it.
http://www.constitution.org/mil/mil_act_1792.htm
Militia Act of 1792eval(ez_write_tag([[728,90],'constitution_org-leader-2']));, Second Congress, Session I. Chapter XXVIIIPassed May 2, 1792, providing for the authority of the President to call out the Militia
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MSG (Join to see)
CW4 Guy Butler Thank you. You are the first person I've come across on RP with a view opposite to mine who has provided a working link albeit a wonky one (lots of intrusive ads). And that is very much appreciated. Either way, it's a moot point as the SCOTUS has deemed the statement, "...the right of the people to keep and bear Arms, shall not be infringed." to be the operative phrase in the amendment. I must point out that the word Right is in this phrase and this amendment is part of the Bill of Rights. This is key as without the Bill of Rights, the Anti-Federalists would not sign on though the Federalists argued that we didn't need a Bill of Rights. The Anti-Federalists eventually won as they saw the necessity for a Bill of Rights to limit government power.
That said, I offer you the 10 U.S. Code § 311, specifically, (b)(2)
10 U.S. Code § 311 - Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
10 U.S. Code § 311 - Militia: composition and classes
http://uscode.house.gov/view.xhtml?req=(title:10%20section:311%20edition:prelim)%20OR%20(granuleid:USC-prelim-title10-section311)&f=treesort&edition=prelim&num=0&jumpTo=true
That said, I offer you the 10 U.S. Code § 311, specifically, (b)(2)
10 U.S. Code § 311 - Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
10 U.S. Code § 311 - Militia: composition and classes
http://uscode.house.gov/view.xhtml?req=(title:10%20section:311%20edition:prelim)%20OR%20(granuleid:USC-prelim-title10-section311)&f=treesort&edition=prelim&num=0&jumpTo=true
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
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