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A Usenet persona calling itself BCITORGB wrote:
Oh how I love Usenet when Scott Weiser says: ============== ...what IS for everybody is the right to CHOOSE to be armed, or not to be armed. That is something that NO ONE has a right to deny them, ever. AT Mar 7, 12:46 pm ================== But, almost 8 hours later Scott Weiser states: ============================== The point is that in a society of law, decisions are made about what conduct is acceptable and what conduct is not. That is the purpose of government and law Scott Weiser AT Mar 7, 8:13 pm =========================== So, now Scott Weiser needs to decide if governments can make decisions about the ownership of guns (as per his 8:13 comment) OR if NO ONE (not even the aforementioned government) has the right to deny him his gun ownership. Which is it to be, Scott? It's both. Our government is constrained in its power by our fundamental organizing documents. Within the authority granted to the government by the people, the government has wide authority. But it cannot step one inch outside the boundary we the people have established. There is a method for changing those fundamental documents, and yes, it is possible for society to decide to abrogate fundamental rights. Our Constitution includes within it the seeds of its own destruction, and at the core, the people have the right to decide what kind of government they will live under. Then again, the people, or some sub-set of them, can decide to resist any attempt to modify our fundamental documents in ways which abrogate fundamental rights. It's called the "right of revolution." The difference between most societies and the US is that we openly recognize this right of revolution, and we have set things up to make revolution always present and cogent threat to attempts to infringe fundamental rights or impose tyranny. That is one of the main purposes of the 2nd Amendment. It is designed to ensure that the whole populace is well armed at all times and thus fully capable of rising up in arms against a government that has stepped beyond the boundaries set for it. As to who had the right of revolution, the answer is that each of us does. The only requirement for the legitimate use of the right of revolution is that you have to win. If you lose, you're a traitor and a criminal and you usually get killed. That's the check and balance on the right of revolution. Timothy McVeigh exercised the right of revolution, but he failed in his quest to foment a general uprising against what he felt was a tyrannical, illegitimate government. Thus, instead of being a revolutionary hero like Washington, he's a terrorist traitor, and now he's dead. That's the way the system works. This does not mean, however, that the right to keep and bear arms is entirely free of reasonable regulation in the public interest. But such regulation must be constrained to the regulation of the time, place and manner of bearing and using arms only. Such regulations may not legitimately restrict or deny the right to peaceably keep and bear any and all arms appropriate for self defense or military use. Thus, a law may legitimately forbid the firing of a weapon for purposes of other than necessary self defense in crowded urban areas. But the law may not legitimately forbid a person from carrying arms in crowded urban areas, nor may the law forbid the peaceable ownership and possession of arms, absent some justification caused by the malfeasance of the individual. -- Regards, Scott Weiser "I love the Internet, I no longer have to depend on friends, family and co-workers, I can annoy people WORLDWIDE!" TM © 2005 Scott Weiser |
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