by Tom Rhodes 2/22/2018
It 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.”
OK, let's break that down and translate to more modern English. For a state (nation) to be secure and free such a state needs a military (at the time of the writing the Militia was the defacto military, equivalent to today’s National guard). Now the comma, in this case it's meaning is “therefore.” The concluding clause is clear and concise statement that means the same today as then. The right of the people to keep and bear arms, shall not be infringed. The people being all individual citizens not the government or military, the same as every where else it is used in the Bill of Rights. What makes our Constitution and Bill of Rights unique, is it doesn't list the privileges of citizens, rather it puts restrictions on the state.
The period writings of our founding fathers at the time are consistent. The founding fathers knew that states can and do become tyrannical over time. They had just fought a revolution to throw off their former tyrannical state. So they included the Second Amendment in the Bill of Rights because they knew that the state must have a military to be secure (mostly from other nations). The primary reason for it was to restrict the government and insure that people retain not just the right to be armed but the means to overthrow the government should the states actions necessitate such an action.
In summary the second amendment states that because the state must maintain a military for security of the nation, the state cannot impose impediments to the people's right to have arms to overthrow the state, should it become tyrannical.
This idea is unique among all Nations in History. The idea that the masses have the right to the means and tools of overthrowing the state, and the government cannot take away or infringe upon that right. No other nation tolerates any idea except the ruling elite have control over the use of force and the masses should be disarmed or limited in arms so that the state can always have control over the masses.
Liberty is not safe and because we have liberty, and the presumption of innocence, bad people will have access to arms. Such is the cost of liberty. The alternative is some ruling elite, not the people, get to decide who is/isn't armed and what arms they can have. When somebody says shit about what other countries do, the reply is, “This is the USA, we don't give a flying fuck at a doughnut what or how other countries make their laws. Here in the USA we've restricted those in power from infringing on the We the People's right to the tools and means to kick the ruling elite out if they get too uppity.
Thursday, February 22, 2018
Friday, February 16, 2018
Why Liberty Is Dangerous
By Tom Rhodes 2/16/2018
There has been another violent tragedy in the USA leaving 17 innocent children dead. Once again leftists are using it as an excuse to try and take away the rights we cherish. Because as a nation we established a government that valued individual liberty over security, preventing mad men who’ve committed no prior crimes from heinous acts is impossible, PERIOD!
The USA is unique among all the nations, our Preamble is a slap in the fast to every ruling elite who has ever lived. Saying: We The People … to secure the blessings of liberty … do ordain and establish our government. Creating a government with divided powers and very limited powers and specifics defining fundamental rights the government was prohibited from infringing upon.
Three keys to the USA that don’t exist in the rest of the world and are the basis for our government are the Rule of Law, Presumption of Innocence, and Fundamental Rights. To talk about gun laws, arresting the mentally ill, and what we can do, we must first understand and define these principles.
Because we all are endowed by our creator with Fundamental Rights, and we insist and restrict our government to follow the Rule of Law, and are all considered Innocent Until Proven Guilty; we are all in danger of mad or evil people committing gross acts of violence. Due Process given to all to protect their liberty, means that the government must prove, before a jury, where the accused can present witnesses and bring on experts, before any fundamental right can be restricted.
The USA is unique, We the People do not have to seek permission from the government to exercise our rights, rather the government must first prove individuals, through their actions, should have those rights restricted. Being reasonable some restrictions on the means of exercising our fundamental rights serve a compelling interest to We the People. Your fundamental right to travel, doesn’t obligate the government to supply you with the means of travel, nor does it grant you the right to operate a 2 ton rolling motorized carriage without demonstrating your ability to do so. The requirement for a driver’s license is not restriction is not on your right to travel, only on the means you choose to travel. It is reasonable to restrict operating a motor vehicle to those old enough to do so safely, and those who understand how to do it safely, and who have demonstrated the ability to do so.
We the People specifically included the Fundamental Right to keep and bear arms in the Bill Of Rights, not to allow pioneers to have a rifle to shoot deer, and protect themselves from brigands. Rather the government was purposefully restricted from infringing upon that right so that We the People had the tools to stand up against and overthrow our government should it become tyrannical. We’ve already allowed the government to restrict individuals far more than the purpose of the second amendment allows.
We have a choice. Be free and enjoy Liberty, or be secure. History has repeatedly shown that those who sacrifice liberty for security, end up with neither. Unfortunately there is evil in this world, and there will always be a few who will abuse their rights. The idea that we should give up due process, have to prove we are innocent to exercise a Fundamental Right; the idea that there should be laws for people in the government and different laws for mere citizens; the idea that we should sacrifice our Fundamental Rights for the security of the state, or for individual safety; should all make us cringe in horror.
Give Me Liberty or Give Me Death, doesn’t mean except for access to XXXXX because it might scare others or somebody thinks it dangerous. The freedom to access guns, drugs, fast cars, bicycling without a helmet, etc. comes with accepting the fact that Liberty is Dangerous. The alternative is to give up our Fundamental Rights for the appearance of security. As the mass shooting in France at the Bataclan theater clearly demonstrate, laws restricting fundamental rights don’t keep us safe from mad or evil men.
Those calling for “gun control” are fear mongers who want to be taken care of and don’t value their liberty, they believe that it is better to be safe and secure. They hate the idea that the average person should, without the approval of their betters, be allowed to own guns, choose to ride a bike without a helmet, smoke, eat red meat, own a big truck, sell lemonade from their front lawn before the big game, feed the poor in their neighborhood, scares them. They believe others should dictate how the masses should live. That is tyranny and evil. Statists, as exemplified by the Democrats, will use every evil act that occurs as an excuse to exercise more control and attack liberty. As for the Republicans, they will always sacrifice rights after whining, as they are cowards and won’t stand for anything, the past 50 years have proven they won’t conserve anything.
If you want to further restrict arms for the average citizen, there is an easy process. You can have the limits placed on government from infringing upon our right to keep and bear arms removed. Just pass an amendment. But know if you try, there are 100,000,000 gun owners who will fight you and that process. We prefer Dangerous Liberty Over Peaceful Slavery.
There has been another violent tragedy in the USA leaving 17 innocent children dead. Once again leftists are using it as an excuse to try and take away the rights we cherish. Because as a nation we established a government that valued individual liberty over security, preventing mad men who’ve committed no prior crimes from heinous acts is impossible, PERIOD!
The USA is unique among all the nations, our Preamble is a slap in the fast to every ruling elite who has ever lived. Saying: We The People … to secure the blessings of liberty … do ordain and establish our government. Creating a government with divided powers and very limited powers and specifics defining fundamental rights the government was prohibited from infringing upon.
Three keys to the USA that don’t exist in the rest of the world and are the basis for our government are the Rule of Law, Presumption of Innocence, and Fundamental Rights. To talk about gun laws, arresting the mentally ill, and what we can do, we must first understand and define these principles.
Fundamental Rights
Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially in the Bill of Rights), or have been found under Due Process. Laws encroaching on a fundamental right generally must pass strict scrutiny to be upheld as constitutional.
The Bill of Rights and the Fourteenth Amendment are considered Fundamental Rights. These rights include:
The right to due process
The right to freedom of speech
The right to freedom of religion
The right to privacy
The right to marry
The right to interstate and intrastate travel
The right to equality
The right to assemble
And the right to keep and bear arms
Presumption of innocence
The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat (the burden of proof is on the one who declares, not on one who denies), is the principle that one is considered innocent unless proven guilty. One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each essential element of the crime charged.
Rule of Law
The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behavior, including behavior of government officials.
Because we all are endowed by our creator with Fundamental Rights, and we insist and restrict our government to follow the Rule of Law, and are all considered Innocent Until Proven Guilty; we are all in danger of mad or evil people committing gross acts of violence. Due Process given to all to protect their liberty, means that the government must prove, before a jury, where the accused can present witnesses and bring on experts, before any fundamental right can be restricted.
The USA is unique, We the People do not have to seek permission from the government to exercise our rights, rather the government must first prove individuals, through their actions, should have those rights restricted. Being reasonable some restrictions on the means of exercising our fundamental rights serve a compelling interest to We the People. Your fundamental right to travel, doesn’t obligate the government to supply you with the means of travel, nor does it grant you the right to operate a 2 ton rolling motorized carriage without demonstrating your ability to do so. The requirement for a driver’s license is not restriction is not on your right to travel, only on the means you choose to travel. It is reasonable to restrict operating a motor vehicle to those old enough to do so safely, and those who understand how to do it safely, and who have demonstrated the ability to do so.
We the People specifically included the Fundamental Right to keep and bear arms in the Bill Of Rights, not to allow pioneers to have a rifle to shoot deer, and protect themselves from brigands. Rather the government was purposefully restricted from infringing upon that right so that We the People had the tools to stand up against and overthrow our government should it become tyrannical. We’ve already allowed the government to restrict individuals far more than the purpose of the second amendment allows.
We have a choice. Be free and enjoy Liberty, or be secure. History has repeatedly shown that those who sacrifice liberty for security, end up with neither. Unfortunately there is evil in this world, and there will always be a few who will abuse their rights. The idea that we should give up due process, have to prove we are innocent to exercise a Fundamental Right; the idea that there should be laws for people in the government and different laws for mere citizens; the idea that we should sacrifice our Fundamental Rights for the security of the state, or for individual safety; should all make us cringe in horror.
Give Me Liberty or Give Me Death, doesn’t mean except for access to XXXXX because it might scare others or somebody thinks it dangerous. The freedom to access guns, drugs, fast cars, bicycling without a helmet, etc. comes with accepting the fact that Liberty is Dangerous. The alternative is to give up our Fundamental Rights for the appearance of security. As the mass shooting in France at the Bataclan theater clearly demonstrate, laws restricting fundamental rights don’t keep us safe from mad or evil men.
Those calling for “gun control” are fear mongers who want to be taken care of and don’t value their liberty, they believe that it is better to be safe and secure. They hate the idea that the average person should, without the approval of their betters, be allowed to own guns, choose to ride a bike without a helmet, smoke, eat red meat, own a big truck, sell lemonade from their front lawn before the big game, feed the poor in their neighborhood, scares them. They believe others should dictate how the masses should live. That is tyranny and evil. Statists, as exemplified by the Democrats, will use every evil act that occurs as an excuse to exercise more control and attack liberty. As for the Republicans, they will always sacrifice rights after whining, as they are cowards and won’t stand for anything, the past 50 years have proven they won’t conserve anything.
If you want to further restrict arms for the average citizen, there is an easy process. You can have the limits placed on government from infringing upon our right to keep and bear arms removed. Just pass an amendment. But know if you try, there are 100,000,000 gun owners who will fight you and that process. We prefer Dangerous Liberty Over Peaceful Slavery.
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