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Originally Posted by ratbastid
I believe the founders gave us the power to amend the Constitution for a reason. It was never intended to be set in stone. They designed it to be flexible, and to be open to interpretation. That's a GOOD thing.
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amend, yes. I wholeheartedly agree with the amendment process the framers made. using judicial decisions to re-interpret, not only no, but hell no.
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Originally Posted by ratbastid
Without some context, that sounds to me like judicial activisim. :P
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undoubtedly one of the worst USSC decisions to come off the bench. It basically cleared the state from any wrongdoing of not protecting people because the constitution and bill of rights were only a check on the federal government. It's worse than judicial activism, it was a clear cut case of judicial tyranny.
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Originally Posted by ratbastid
Ok, but that doesn't answer my question. (I was also specifically directing my question at Ustwo, but that's fine, your answer is quite welcome of course.) The question is: given they DID put the "because, you know, militla!" rationalization into the wording of the amendment itself, why do you think they did that? I don't really have an answer, but I think it's interesting, and I'd like to see pro-gun folks' thoughts about the question. It's not a "gotcha", I just think it's curious. It's the only amendment where they included their thinking on the matter. Why do you think they felt that was necessary?
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One of the founders main concerns over the constitution was the power granted to congress in Art 1. Sec. 8
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To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
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because of these fears, it was realized that freedom could be lost by congress simply not arming or organizing the militia, as it is today. In order to allay these fears, the 2nd amendment was created in order to ensure that the people COULD always be armed. That 'well-regulated' militia isn't about a federal or state run entity of volunteers, it's about the people as a whole, knowing how to shoot and fight. WE are necessary to maintaining our security as a free state.
thats how I see it anyway. most of the pre-rat docs show this.