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WE THE PEOPLE...

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toodeemo
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Re: WE THE PEOPLE...

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Someone, one day; I am beginning to suspect you are not a lawyer or at least not a trial lawyer. There are also people shooting at Marine Recruiting offices too. Treasonous speech? Give me a break. The Tea Party Movement is fielding candidates for elective offices in the US, not for a rival government
Treason is not limited to giving comfort to a common enemy. Just ask Tim McVeigh. Guilty of domestic terrorism and treason. You need not advocate for anyone. A threat of violence or committing violence against the United States will suffice. Perhaps the technical definition will help you understand. Though I get the impression that you will not.

The Constitution of the United States, Art. III, defines treason against the United States to consist only in levying war against them, or in adhering to their enemies, giving them aid or comfort. This offence is punished with death. By the same article of the Constitution, no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

I now return you to the programming you are undoubtedly receiving from the Tea Party and Sarah Palin.
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Re: WE THE PEOPLE...

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stahrwe wrote:
toodeemo wrote:It doesn't surprise me that someone who has little understanding of law and lawyers would make that comment about those who do. You can fight your battles with theory, or you can face the reality of what is and is not the law. The idea that losing an election gives you the right to overthrow the government with violence is ludicrous. Especially when you are in a clear minority on the issue in the first place. People who think they have the right to "reclaim" their country seem to miss the point that it is not THEIR country. It's OUR country. Weeding out politicians through elections is the way to effect change. Threatening to overthrow the duly elected government...the one elected by the PEOPLE...is treason. Pure and simple. Even the framers would agree with that. And they did. In the Constitution. So go on screaming about socialism and Obamacare and whatever you find actionable tyranny. It's difficult to find tyranny in policies founded by elected representatives. In fact, that is quite the opposite of tyranny. You're just angry about being on the less popular side. That's your right. To deny that right WOULD be tyranny. But don't come knocking on my door with musket in hand expecting me to join your numbers. Then, you understand, you would be faced with my brand of justice in the face of treason.
Do you hurt yourself with your random jumps to conclusions?
No one in the Tea Party movement or the Republican party is seriously advocating the overthrow of the US Government, nor do we envision that ever being necessary, I am merely pointing out that the constitution and the founders of this nation believed that such a possibility might come about and that the best defense against a despotice government was an armed citizenry.

There is a real danger, if you ask me, in elevating any particular concept or theory on to a pedestal, and then giving it reverential treatment. If nothing else, history tells us that our experience here in the universe is fluid; it is changing, and can change quite significantly within a short period of time. This is why I think the scientific method is best: do a methodical and comprehensive job in trying to model reality, but also be prepared to have this model swept away if new evidence comes in.

The case in point here is the US constitution. Some on the political right seem to speak of this in the same dewy-eyed terms as do those speaking of the Koran, or perhaps the bible. But the reality is that it is a document that was written by a bunch of entrepreneurs, speculators, landowners, and businessmen over two centuries ago. Historically, this is interesting, but it is a huge stretch to give blanket application to its ideas and admonitions in today’s world.

Even at the time, this was not a document that was received to universal acclaim. Many historians estimate that only about 30-40% of the population of the original thirteen colonies were enthusiastic about independence from Britain. Many of the interests of the revolutionaries were self-interests. They coveted the land and resources that were potentially available in what then seemed like a huge and unpopulated land. At the time, it looked like Britain’s strategic interests may have been diverging from those of the colonists. This ruffled more than a few feathers.

To be sure, there were some thinkers that probably wanted to make the best of what was becoming a new reality, like Jefferson and Franklin- and they did, to an extent.

But to take, for example, the concept of having an armed citizenry, the differences between now and 230 years ago are stark. At that time, having just about everyone armed was a reasonable idea; in fact it was pretty much a fait accompli. The majority were either farmers, or lived in rural, or very small settlements where having a gun was a part of life. It was needed for hunting, and protection from wild animals, if nothing else. The concept was also a reflection of the times. Revolutionaries had just won a war against a much bigger power, using an irregular armed militia. So this just seemed to make sense.

Fast-forward to today, and having everyone armed in the US, all 300 million, is a recipe for disaster. Almost no one lives the lifestyle that was common in the eighteenth century today. Guns simply introduce an ultra-lethal element into a complex urban society; they serve no purpose other than mayhem. Even playing devil’s advocate for a moment, and accepting the premise that guns are needed for protection against “government”, the idea is still absurd. If there truly was some sort of coup d’etat; a takeover of the country, contrary to popular wishes, it would either have the support of the military to some degree, or it would not. If it did not, it would not survive long. If it did, the civilian type weapons in individual hands would make little difference. “Militias” wandering about with various small arms would be no match for any modern military force. In other words, the whole thing is ridiculous.

We can take certain principles from the past, for sure. The US constitution itself drew heavily from the British Bill of Rights from the previous century for example. But the narrow-minded worship of populist clichés, so favored by the tea party and its supporters, does nothing to address the very many modern day problems that confront society today in the US.
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stahrwe

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Re: WE THE PEOPLE...

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toodeemo wrote:
Someone, one day; I am beginning to suspect you are not a lawyer or at least not a trial lawyer. There are also people shooting at Marine Recruiting offices too. Treasonous speech? Give me a break. The Tea Party Movement is fielding candidates for elective offices in the US, not for a rival government
Treason is not limited to giving comfort to a common enemy. Just ask Tim McVeigh. Guilty of domestic terrorism and treason. You need not advocate for anyone. A threat of violence or committing violence against the United States will suffice. Perhaps the technical definition will help you understand. Though I get the impression that you will not.

The Constitution of the United States, Art. III, defines treason against the United States to consist only in levying war against them, or in adhering to their enemies, giving them aid or comfort. This offence is punished with death. By the same article of the Constitution, no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

I now return you to the programming you are undoubtedly receiving from the Tea Party and Sarah Palin.
Thank you for the definition. Perhaps you should read it as it seems to contradict what you said in your intro. You seem very confused. You should read your posts over before submitting them.

I have not heard Sarah Palin, or Glenn Beck, or any Tea Party leaders advocate the bolded section. Tim McVeigh blew up a building, also something the Tea Party speaks against.

BTW, do you recognize my avatar?
Last edited by stahrwe on Thu Oct 28, 2010 7:05 am, edited 1 time in total.
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toodeemo
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There is no contradiction in the definition. However, I am pretty much worn out with your ad hominem attacks and condescending attitude. Consider my discussions with you, such as they are, at an end.

Oh, is that Agnes Moorehead?
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Re: WE THE PEOPLE...

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stahrwe wrote:Tim McVeigh blew up a building, also something the Tea Party speaks against.
Well, that's reassuring at least.
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stahrwe

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Re: WE THE PEOPLE...

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toodeemo wrote:There is no contradiction in the definition. However, I am pretty much worn out with your ad hominem attacks and condescending attitude. Consider my discussions with you, such as they are, at an end.

Oh, is that Agnes Moorehead?
I presume that your Agnes Moorehead comment was a ham handed attempt to make a clever reference to Christine O'Donnel. I was listening to a discussion the other night about how women candidates are treated differently. Thos of us who attended a university for our degrees remember fondly the antics we persued; car tag in the commuter parking lot, sneaking into the Florida Museum at night, tossing freshmen into the settling ponds at the sewage treatment plant. I suspect that most people running for office had similar college fun. The difference is that the male politicians are rarely called on it but conservative women are. Frankly I would rather had a senator who had a foreclosure and other life experiences than an Ivey League Trust fund brat.

Ad hominem? For a lawyer you have a thin skin.
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Re: WE THE PEOPLE...

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stahrwe wrote:Thos of us who attended a university for our degrees remember fondly the antics we persued; car tag in the commuter parking lot, sneaking into the Florida Museum at night, tossing freshmen into the settling ponds at the sewage treatment plant. I suspect that most people running for office had similar college fun. The difference is that the male politicians are rarely called on it but conservative women are. Frankly I would rather had a senator who had a foreclosure and other life experiences than an Ivey League Trust fund brat.
You threw freshmen into sewage ponds? That doesn't sound very nice.

By the way, what university was that? I'm curious.
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Re: WE THE PEOPLE...

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geo wrote:
stahrwe wrote:Thos of us who attended a university for our degrees remember fondly the antics we persued; car tag in the commuter parking lot, sneaking into the Florida Museum at night, tossing freshmen into the settling ponds at the sewage treatment plant. I suspect that most people running for office had similar college fun. The difference is that the male politicians are rarely called on it but conservative women are. Frankly I would rather had a senator who had a foreclosure and other life experiences than an Ivey League Trust fund brat.
You threw freshmen into sewage ponds? That doesn't sound very nice.

By the way, what university was that? I'm curious.
Undergraduate at
University of Florida

Technically it wasn't sewage. Hume Hall, the freshman dorm was located across from the sewage treatment plant. After the sewage was treated the sludge was spread over percolation ponds to dry, then the residue was removed and given to Servimation to process for student meals.

That was back in the days of Streaking. It amazes me what I came across without even looking for trouble. My fondest memory was when Jimmy Buffet gave a free concert on the lawn by the Student Union. We took a hibachi and cooked out then settled in for a mello southern treat. When asked if I have ever partaken of marijuana I always have to give a qualified yes as if you inhaled at that concert you were sampling the blue haze that quickly settled over the crowd.
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Re: WE THE PEOPLE...

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Great idea studying the constitution toodeemo. It is very important to know it through and through if one is American. So I have been thinking about some of the comments on this post. I did a Google search of Sharon Angle and the 2nd amendment. It seemed to me that much of the uproar is in the liberal media. Not that liberals are not right but is there much interpretation about this by objective news writers? The 2nd post that johnson1010 offered seemed like it was from a local news station. I would not think that they would be partisan and they were actually talking to the person. If this is a movement in the Republican party it is very disturbing. This is basically terrorism. It is no better than what the Taliban do in Afghanistan. Using violence against each other because you do not get your way is antithetical to Democracy.

We do not have a tyrannical government. You may not agree with the choices our representatives make at times, but that does not mean it is tyrannical. Tyrannical would actually be a group of people using violence to control the choices of other members of the society. Just because one does not like the way that someone votes does not mean they have any right to use violence. That goes for both liberals and conservatives.

I was also looking at the 2nd amendment:

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.

It does bring up a militia as a positive thing - it is necessary to the security of a free State. So does that mean security against other countries? Or does that mean security against the people in our own country? I know there have probably been many court decisions concerning this amendment. What knowledge do you have about that toodeemo?

I am also wondering why it is so important what the founding fathers initially meant. Let's say that Sharon Angle's statements are correct and the founding fathers meant for people to keep arms in case the government becomes tyrannical. So what? The founding fathers do not live here, we do. The founding fathers who were so pro-liberty and democracy oftentimes owned slaves. Women were not equal in any way to men. The founding fathers were imperfect. I think that they would probably have expected that each generation would struggle with how to interpret their original document. We do not live in the same world that the founding fathers lived in. Why is it not ok to try to figure out how to apply this document to our world?
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seespotrun2008 wrote:Great idea studying the constitution toodeemo. It is very important to know it through and through if one is American. So I have been thinking about some of the comments on this post. I did a Google search of Sharon Angle and the 2nd amendment. It seemed to me that much of the uproar is in the liberal media. Not that liberals are not right but is there much interpretation about this by objective news writers? The 2nd post that johnson1010 offered seemed like it was from a local news station. I would not think that they would be partisan and they were actually talking to the person. If this is a movement in the Republican party it is very disturbing. This is basically terrorism. It is no better than what the Taliban do in Afghanistan. Using violence against each other because you do not get your way is antithetical to Democracy.

We do not have a tyrannical government. You may not agree with the choices our representatives make at times, but that does not mean it is tyrannical. Tyrannical would actually be a group of people using violence to control the choices of other members of the society. Just because one does not like the way that someone votes does not mean they have any right to use violence. That goes for both liberals and conservatives.

I was also looking at the 2nd amendment:

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.

It does bring up a militia as a positive thing - it is necessary to the security of a free State. So does that mean security against other countries? Or does that mean security against the people in our own country? I know there have probably been many court decisions concerning this amendment. What knowledge do you have about that toodeemo?

I am also wondering why it is so important what the founding fathers initially meant. Let's say that Sharon Angle's statements are correct and the founding fathers meant for people to keep arms in case the government becomes tyrannical. So what? The founding fathers do not live here, we do. The founding fathers who were so pro-liberty and democracy oftentimes owned slaves. Women were not equal in any way to men. The founding fathers were imperfect. I think that they would probably have expected that each generation would struggle with how to interpret their original document. We do not live in the same world that the founding fathers lived in. Why is it not ok to try to figure out how to apply this document to our world?
Great questions Seespot! I'll try to answer with the dignity the question deserves.

First of all, I do not agree with the interpretation the Court has given to the Second Amendment. That said, I recognize that it is the law of the land and I respect the decisions that say that. Over the years, the right to bear arms is interpreted as Sharon Angle says. It is the absolute right of people to own a gun. However, if you interpret that as if you are one of the Framers, you must use the context of the times. Muskets. No automatic weapons. A citizenry that fended off attacks from a tyrannical government and militia. I disagree with the definition of militia in the 2nd, and I question if the founders actually intended it to mean that the right to bear arms actually means that there is a right to insurrection and to attempt the overthrow of the United States government. As I stated in an earlier post, the Federal government clearly has the power to react against acts of insurgency and attacks on the government. It is unlikely that they meant that a militia from Arizona somehow usurps that authority.

What most people do not understand or refuse to believe is that ANY of the rights guaranteed in the Bill of Rights are not absolute. If there is a legitimate state interest (Federal or State) to deny a specific guaranteed right, that right may be restricted. Freedom of Speech for instance can be controlled. That's why you can't yell fire in a crowded theater. Or why you can't advocate the overthrow of the United States government by violence. As far as the kind of weapons gun lobbies are saying cannot be restricted, there is going to be a major conflict. A right to bear arms to many does not mean the right to arm an army with automatic weapons. Certainly, the Court is not going to side with someone who advocates overthrow of the government and thinks the 2nd Amendment gives them the right to do so. This is a completely ridiculous position to take, and it seems to be the underlying component of Tea Bagger's platforms.

It was once the position of the Court that the 2nd Amendment could only be interpreted to mean that the right to bear arms could not be infringed upon by the Federal Government. United States v. Cruikshank; Presser v. Illinois. However during prohibition, there was such an influx in violence that the Federal Government implemented the Federal Firearms Act. That act limited the kinds of weapons were protected. Specifically, sawed off shotguns, automatic weapons and weaponst that were not reasonably considered to be needed for an individual's right to sustain a militia. The Court upheld that law.

The Court has defined weapons for purposes of the 2nd Amendment as weapons that are reasonably used as militia weapons. In United States v. Miller the Court said that a sawed off shotgun or automatic weapon is not protected.

There has been a dispute over whether the 2nd Amendment restricts gun rights and/or whether the 2nd through the 14th Amendment can be used to allow the States to regulate gun control. It has not been decided completely one way or another. The question still to be decided is whether a state can pass legislation that limits the right to bear arms AND what restrictions can be considered to be "legitimate State interests" in so limiting. There are already limitations. Obviously registration and licensing are restrictions. Restriction on felons owning guns is one. Concealed weapon permits. The point is, the interpretation of the 2nd Amendment, as well as all of the other Amendments, changes with the time. If it didn't, we would still be talking about muskets. Obviously the body of law governing the right to bear arms has to change with the times as well. The interest in the state to keep its citizenry safe from assault weapons and other weapons that are not reasonable "militia" weapons is certainly reasonable and justified. That has to be weighed against an individual's right to bear arms, and the definition of that right as it applies today. Not in 1776.
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