Wij
I am a FH squatter
- Joined
- Dec 23, 2003
- Messages
- 18,404
'Insurrection is a vital part of the Constitution' is one heck of a legal take:
View: https://twitter.com/atrupar/status/1398058997312278528
Narrator: "Scouse was not a constitutional lawyer"Not really. I've been saying exactly this for years, so I don't see why you're surprised.
The last line of defence against governmental tyranny is the meaningful ability of the population to overthrow the government.
It's clearly why the constitution is written why it is.
Neither are you:Narrator: "Scouse was not a constitutional lawyer"
'Insurrection is a vital part of the Constitution' is one heck of a legal take:
If breaking lots of laws was constitutional then there would be no legal framework in the US at all.Neither are you:
But either way - completely uncontroversial view.
Not really. I've been saying exactly this for years, so I don't see why you're surprised.
The last line of defence against governmental tyranny is the meaningful ability of the population to overthrow the government.
It's clearly why the constitution is written why it is.
I don't give a fuck whether anyone thinks it's achieveable - or whether the government wants them to be able to overthrow them (think about that for a second ffs - of course they wouldn't - that's kind of the point of the law).
But it's utterly uncontroversial to say that's the actual point of the amendment. Because the founding fathers knew that the biggest danger to any population is their own government.
Governments aren't the primary danger to their own people in the 21st century?I'm saying that your argument holds no value in the 21st century,
Ironically, Abraham Lincoln spoke of the right of revolution in his first inaugural address. He acknowledged the right but did not rely on the Second Amendment or any other provision of the Constitution. In Lincoln's view, the prerogative exists only in an extraconstitutional sense. He explained that whenever the people "shall grow weary of the existing government, they can exercise their constitutionalright of amending it, or their revolutionaryright to dismember, or overthrow it."71
Lincoln further maintained that "t is safe to assert that no government proper, ever had a provision in its organic law for its own termination."72 In Dennis v. United States,73 the Supreme Court expressed a similar view:
Whatever theoretical merit there may be to the argument that there is a "right" to rebellion against dictatorial governments is without force where
the existing structure of the government provides for peaceful and orderly change. We reject any principle of governmental helplessness in the faceof preparation for revolution, which principle, carried to its logical conclusion, must lead to anarchy.74
Governments aren't the primary danger to their own people in the 21st century?
Did the nature of rulers change so much that nobody noticed? Do you even remember Trump and how fast things were going down an authoritarian route?
You've got so much faith in government I think you're blind to the risks they pose.
It is difficult, nonetheless, to find support in the Constitution for the notion that the Second Amendment is a license for the people to resist and triumph over government at any level by means of force and violence. 9 To the contrary, the Constitution is replete with provisions intended to quell uprisings. For example, Congress is empowered to call out the militia-the very force envisioned to resist usurpations of power-to suppress insurrec- tions and rebellions.6" Significantly, treason is the only crime the Framers believed important enough for the Constitution to condemn explicitly.61 In defining the crime, for example, the Constitution expressly lists "levying war" against the United States as a manifestation of the offense.62 Thus, the theory that the Second Amendment contemplates armed confrontations against the government is seriously undermined.
Congress has likewise enacted a series of laws, the majority of which have withstood constitutional attack, that criminalize conduct aimed at fostering violent opposition to government authority.63 Though First Amendment considerations limit the power to restrict speech only to that speech which is intended to present an imminent threat of the overthrow of government,64 little doubt exists that the state may, consonant with the Constitution, take reasonable measures to protect itself from such an overthrow.
So it is unconstitutional and therefore the 2A CANNOT give that right.The notion of a "right" in terms of overthrowing a government isn't something that would ever realistically be given. It must, by definition, be taken.
The second amendment is designed to realistically secure the possibility of that eventuality - because like Lincoln said - you're never going to put a legal clause in for the destruction of a government. What would be the point? If you're getting to the point that you need to overthrow the government, you're also overthrowing the system of laws that the government enacted.
No - it gives the right to bear arms.So it is unconstitutional and therefore the 2A CANNOT give that right
TLDR:No - it gives the right to bear arms.
Without that right, the unconstitutional aim of overthrowing the government can never be realistically achieved.
The rest of it? Frankly, we've done this to death here, it's been done to death constantly in the states for fucking ages. Especially when the Dems come round. I don't really give a fuck - there are far more pressing concerns. Gun control isn't going to save us from the environmental disaster we're perpetuating.
No - it gives the right to bear arms.
Without that right, the unconstitutional aim of overthrowing the government can never be realistically achieved.
The rest of it? Frankly, we've done this to death here, it's been done to death constantly in the states for fucking ages. Especially when the Dems come round. I don't really give a fuck - there are far more pressing concerns. Gun control isn't going to save us from the environmental disaster we're perpetuating.
Nah - just because they're the only ones who'll enact the laws. They're coming from a good place, of course. But I feel they're like you in their views and underestimate their own propensity for tyranny.Especially when the Dems come around? So are you now suggesting the Dems only want to get rid of guns because they want to stop any opposition? (Question, before you suggest I'm reading it wrong or putting words in your mouth.)
The single most important question facing the human race at the moment is environmental. It's the thing that people seem to be least concerned about - emotive over.Disregarding all politics bar environmental is a bit weird.
Government and religion hand in hand.
Canada mourns as remains of 215 children found at indigenous school
The unmarked graves were found during a survey of the former residential school for indigenous people.www.bbc.co.uk
Mass graves of children.
Biggest danger to the population is the government.
I know, right? But:Wasnt much mention of religion in the article?
Canada's residential schools were compulsory boarding schools run by the government and religious authorities
I know, right? But:
Compulsory. Hand in hand. As they always are for social control.
Explain your cognitive dissonance.I think comparing our treatment by our governments and the treatment of native populations in and beyond our Empire is a bit insensitive tbh.