Shall not be infringed

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baldeagle
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Shall not be infringed

#1

Post by baldeagle »

Some things to think about.

Legal definition of shall: When used in statutes, contracts, or the like, the word "shall" is generally imperative or mandatory

Legal definition of infringe: Infringe means to violate; exceed the limits of. It means to encroach upon the law or rights of another

Why do you suppose that the 2nd Amendment is the only amendment in the bill of rights that makes it mandatory that the government not encroach upon the rights of the individual?
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
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AlfaBrewer
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Re: Shall not be infringed

#2

Post by AlfaBrewer »

It's ironic that the gubmint (in my case the FDA) likes to remind us that "shall = must" when it suits their needs.
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SewTexas
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Re: Shall not be infringed

#3

Post by SewTexas »

I like that BaldEagle...I may have to borrow that for fb, if you don't mind.
~Tracy
Gun control is what you talk about when you don't want to talk about the truth ~ Colion Noir
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jmra
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Re: Shall not be infringed

#4

Post by jmra »

SewTexas wrote:I like that BaldEagle...I may have to borrow that for fb, if you don't mind.
Ditto
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canvasbck
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Re: Shall not be infringed

#5

Post by canvasbck »

Since Sandy Hook, I have been doing alot of research on the history and background of the second amendment and how it came into being. Unfortunately, I did not do this before because I took the amendment as written and assumed that no further research was needed.

Due to my previously ignorant state, I could not accurately articulate what was meant by the framers when they said "A well regulated militia being necessary to the security of a free state". Antis will argue that the 2A only applies to a militia. Turns out that's right, the 2A does only apply to the militia, it does not apply to the military. When it was written, the militia was every able bodied person who was capable of bearing arms. Both the federalists and antifederalists agreed that if the government had the power to raise a standing army then it was critical for the people to serve as a militia to avoid oppressive rule by a military state, they recognized that for the militia (which was every citizen) to be effective, they had to be well armed. Hence the phrase; "A well armed militia being necessary to the security of a free state". Several states made it clear when they ratified the constitution that the militia was essential and that the militia consisted of all able bodied citizens.

We always emphasize the second part of the 2A during debates, but once you understand what was meant by the first part it is just as important in explaining the intent of the second amendment.

Amazing what I can learn when I actually read!
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Re: Shall not be infringed

#6

Post by Dragonfighter »

canvasbck wrote:Since Sandy Hook, I have been doing alot of research on the history and background of the second amendment and how it came into being. Unfortunately, I did not do this before because I took the amendment as written and assumed that no further research was needed.

Due to my previously ignorant state, I could not accurately articulate what was meant by the framers when they said "A well regulated militia being necessary to the security of a free state". Antis will argue that the 2A only applies to a militia. Turns out that's right, <SNIP>
Except for that pesky comma.
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newTexan
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Re: Shall not be infringed

#7

Post by newTexan »

Dragonfighter wrote: Except for that pesky comma.
Since when do the rules of English, logic, data, reason, or historical intent matter in the debate over "reasonable gun control"?

THINK OF THE CHILDREN! Didn't you see those sage kids standing behind His Holiness on the platform as he signed sweeping reforms with his mighty pen? How can anything compare to that? I'm surprised we haven't all lined up to turn in our death machines...

Sorry, had a crappy day and my sarcasm meter is set to "11".
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cheezit
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Re: Shall not be infringed

#8

Post by cheezit »

find penn and teller on the 2nd. great video
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baldeagle
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Re: Shall not be infringed

#9

Post by baldeagle »

Anything I post on this forum may be used in any other public forum, including FB, Twitter, etc.,etc.
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
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baldeagle
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Re: Shall not be infringed

#10

Post by baldeagle »

canvasbck wrote:Since Sandy Hook, I have been doing alot of research on the history and background of the second amendment and how it came into being. Unfortunately, I did not do this before because I took the amendment as written and assumed that no further research was needed.

Due to my previously ignorant state, I could not accurately articulate what was meant by the framers when they said "A well regulated militia being necessary to the security of a free state". Antis will argue that the 2A only applies to a militia. Turns out that's right, the 2A does only apply to the militia, it does not apply to the military. When it was written, the militia was every able bodied person who was capable of bearing arms. Both the federalists and antifederalists agreed that if the government had the power to raise a standing army then it was critical for the people to serve as a militia to avoid oppressive rule by a military state, they recognized that for the militia (which was every citizen) to be effective, they had to be well armed. Hence the phrase; "A well armed militia being necessary to the security of a free state". Several states made it clear when they ratified the constitution that the militia was essential and that the militia consisted of all able bodied citizens.

We always emphasize the second part of the 2A during debates, but once you understand what was meant by the first part it is just as important in explaining the intent of the second amendment.

Amazing what I can learn when I actually read!
Thanks for that, canvasbck. Very good and useful information.
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
NRA Life Member Texas Firearms Coalition member
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suthdj
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Re: Shall not be infringed

#11

Post by suthdj »

I love his video.

" onclick="window.open(this.href);return false;
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SewTexas
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Re: Shall not be infringed

#12

Post by SewTexas »

thank BaldEagle, I didn't want to use it without permission ;-)
~Tracy
Gun control is what you talk about when you don't want to talk about the truth ~ Colion Noir
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SewTexas
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Re: Shall not be infringed

#13

Post by SewTexas »

http://www.youtube.com/watch?v=_YY5Rj4cQ50 here is the Penn and Teller video.
~Tracy
Gun control is what you talk about when you don't want to talk about the truth ~ Colion Noir
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baldeagle
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Re: Shall not be infringed

#14

Post by baldeagle »

In light of what canvasbck wrote, this site might be useful. http://www.guncite.com/index.html" onclick="window.open(this.href);return false;
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
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SF18C
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Re: Shall not be infringed

#15

Post by SF18C »

Just to give a bit more perspective I challenge those here to read the following article and factor this piece of history into their collective 2A thinking!

And for those who fear that weapons confiscation or control is a looming issue, well...it isn't the first time in our nation's often tumultuous history and there are some things we should be aware of when considering joining the, "Give me that ol' tyme militia...give me that ol' tyme millitia...give me that ol' tyme militia...it's good enough for me!" bandwagon

The real reason the Second Amendment was ratified, and why it says "State" instead of "Country" (the Framers knew the difference - see the 10th Amendment)....
http://truth-out.org/news/item/13890-th ... ve-slavery" onclick="window.open(this.href);return false;
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