Shall not be infringed
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Shall not be infringed
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?
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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NRA Life Member Texas Firearms Coalition member
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Re: Shall not be infringed
It's ironic that the gubmint (in my case the FDA) likes to remind us that "shall = must" when it suits their needs.
I may not be very smart, but I can lift heavy things.
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Re: Shall not be infringed
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
Gun control is what you talk about when you don't want to talk about the truth ~ Colion Noir
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Re: Shall not be infringed
DittoSewTexas wrote:I like that BaldEagle...I may have to borrow that for fb, if you don't mind.
Life is tough, but it's tougher when you're stupid.
John Wayne
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John Wayne
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Re: Shall not be infringed
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!
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!
"All bleeding eventually stops.......quit whining!"
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Re: Shall not be infringed
Except for that pesky comma.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>
I Thess 5:21
Disclaimer: IANAL, IANYL, IDNPOOTV, IDNSIAHIE and IANROFL
"There is no situation so bad that you can't make it worse." - Chris Hadfield, NASA ISS Astronaut
Disclaimer: IANAL, IANYL, IDNPOOTV, IDNSIAHIE and IANROFL
"There is no situation so bad that you can't make it worse." - Chris Hadfield, NASA ISS Astronaut
Re: Shall not be infringed
Since when do the rules of English, logic, data, reason, or historical intent matter in the debate over "reasonable gun control"?Dragonfighter wrote: Except for that pesky comma.
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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Re: Shall not be infringed
find penn and teller on the 2nd. great video
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Re: Shall not be infringed
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
NRA Life Member Texas Firearms Coalition member
NRA Life Member Texas Firearms Coalition member
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Re: Shall not be infringed
Thanks for that, canvasbck. Very good and useful information.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!
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
NRA Life Member Texas Firearms Coalition member
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Re: Shall not be infringed
I love his video.
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Re: Shall not be infringed
thank BaldEagle, I didn't want to use it without permission ![Wink ;-)](./images/smilies/icon_wink.gif)
![Wink ;-)](./images/smilies/icon_wink.gif)
~Tracy
Gun control is what you talk about when you don't want to talk about the truth ~ Colion Noir
Gun control is what you talk about when you don't want to talk about the truth ~ Colion Noir
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Re: Shall not be infringed
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
Gun control is what you talk about when you don't want to talk about the truth ~ Colion Noir
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Re: Shall not be infringed
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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NRA Life Member Texas Firearms Coalition member
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Re: Shall not be infringed
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
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
http://truth-out.org/news/item/13890-th ... ve-slavery" onclick="window.open(this.href);return false;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)....
Tis better to die on your feet than live on your knees!