The Constitution is dead:

Posted by ObjectiveAnalyst 11 years, 2 months ago to Government
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Somebody better perform CPR before it is too late.
SOURCE URL: http://politicaloutcast.com/2013/01/justice-scalia-the-constitution-is-dead/


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  • Posted by lostinaforest 11 years, 2 months ago
    The article says "a strict constructionist could say that since the Founding Fathers were protecting the right to muskets, it is only the right to muskets that is currently protected. Not modern muskets (think AR-15 or M-16), mind you. Literal muskets."

    But the Second Amendment says "the right of the people to keep and bear arms shall not be infringed",—not "the right of the people to keep and bear muskets..."

    Clearly the Founding Fathers understood that muskets would eventually be superseded, just as flint arrowheads and copper axes had been superseded before them. If the Founding Fathers wanted to restrict the right to bear arms to the technology of their time, then they would have used specific terminology in order to make that explicit. But instead, they deliberately used the term "arms", which is a general term. And thus, "the right of the people to keep and bear arms" refers to any arms that are potentially suited to being kept and borne by people.

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    • Posted by Non_mooching_artist 11 years, 2 months ago
      I think you hit that clearly on the head. That is how many anti gun people are trying to cast it. That it was written with the use of muskets in mind. The writers clearly were more shrewd than that, though.
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  • Posted by UncommonSense 11 years, 2 months ago
    If only we could add this kind of insanity to other documents, like mortgages, car loans, etc. Adjustable payments (lower of course), on a whim, no rhyme or reason...just cause you feel like it. Must be nice.
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  • Posted by overmanwarrior 11 years, 2 months ago
    Absolutely, however there is hope. I have been invited to take a ten week Constitution class that I'm not sure I have time for. The fact that such things are being offered these days are small little rays of hope. Nobody spoke about these kinds of things 4 years ago.
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    • Posted by 11 years, 2 months ago
      Hello overmanwarrior,
      I have a friend that took a course recently sponsored by a local Tea party. It is a good sign, but I hope it isn't just preaching to the choir. about four years ago I read the 5000 Year Leap by W. Cleon Skousen. He ran a travelling course of this nature decades ago. For those who don't have the time for a course and haven't read it I would highly recommend it. If you have read it I would value your opinion.
      Always good to hear from you,
      O.A.
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      • Posted by overmanwarrior 11 years, 2 months ago
        The 5000 Year Leap is a fantastic book, and has been at the front of this sudden jump toward Ayn Rand's works once again. I too would highly recommend this book. Not understanding the 5000 Year Leap is essentially an acceptance that mankind will revert back to the early city state collectivists who sacrifice human beings to the sun gods out of a stupid belief that their crops will be better this year than last.
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      • Posted by khalling 11 years, 2 months ago
        thanks for the book tip, OA
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        • Posted by khalling 11 years, 2 months ago
          wait a minute! I just looked this up. considering the author frames his story around 28 principles which include God defining what is virtuous. How does this help make a leap to Rand's works?
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          • Posted by 11 years, 2 months ago
            I always read these things with an eye for the principles rather than the attributed source. Most of the old material I read of this nature I usually interpose/ exchange natural rights for God given. The principles transcend.
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            • Posted by lostinaforest 11 years, 2 months ago
              I understand, but to me it seems that confounding divine law with natural law—and God-given rights for natural rights—is unnecessary and can potentially be a dangerous path to tread.

              Natural law can be understood using the scientific method—reason, rationality, and empirical observation. But by what means may we understand divine law? Perhaps by faith, scripture, or revelation? And then what prevents our descent into barbarism and human sacrifice? Is it not reason, rationality, and empirical observation? Or perhaps the scriptures and revelations of our God have led us on a more enlightened path, and hence our faith is correctly placed? But then are there not implicit processes of reason and rationality underlying our choice of faith? Have we not empirically observed that human sacrifices are an ineffectual means of increasing the fecundity of our lands?

              Perhaps our ability to think scientifically is a gift from God, but is faith in God actually necessary in order to use this gift effectively? I would argue that it is not, and in support of my argument I would cite the scientific contributions of atheists such as Richard Dawkins, whose work in the field of evolutionary biology has led to important advances in modern medicine which have saved lives and improved our quality of living.

              My point is that our faculties of perception, reason, and rationality can operate independently of our belief in God. Whether or not God has given us those faculties is a separate argument. Regardless, we can use those faculties to understand our world, and on this understanding we can base our system of ethics, which constitutes the foundation of a just political system. And indeed, a very compelling case can be made for the role of freedom, property rights, meritocracy, etc. in human advancement—with or without reference to God. And in my view, this case is weakened by unnecessarily confounding it with arguments for or against religious belief.

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