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Awesomelyglorious
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01 Sep 2008, 11:28 am

LKL wrote:
The second ammendment is about a militia to protect the citizens from armed outside forces (Native Americans, the French, and the English at the time of the writing). However, do we really want American citizens armed well enough to repel a modern invading army?

Well, it is about a militia comparable to an armed forces. Sure, why not?
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It would require legalizing grenade launchers, surface-to-air missiles, land mines, anti-tank explosives, etc - and that's assuming that the invaders don't have nukes.

If the invaders did have nukes, then the notion of a military in general would be pointless.
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Same goes for the argument about making the Feds respect the citizens a bit more: it would require some pretty heavy armament just to successfully take on the average big city's swat team, much less the U.S. Army in the event of an illegal declaration of martial law. The line has to be drawn somewhere, in terms of firepower; the only question is where.

Shall not be infringed. Let's just have weapons and weapons and weapons.



iamnotaparakeet
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01 Sep 2008, 11:32 am

This isn't quite a militia, ... but it is still awesome: http://www.commemorativeairforce.org/



LKL
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01 Sep 2008, 12:15 pm

The right to free speech is infringed - one cannot yell 'fire!' in a crowded theatre (when there isn't a fire) and expect one's first amendment rights to protect the act.



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01 Sep 2008, 12:43 pm

Awesomelyglorious wrote:
flutter wrote:
The trickle down theory is that if you place less of a tax burden on the rich and the corporations, it will generate more business, which stimulates the economy. The inherit problem with this theory is that the money doesn't trickle down, because the jobs go offshore to cheaper labor.

Let's see, the trickle down theory is that by decreasing the taxes on investments, high levels of income, and corporations, you foster increased productive effort. If investments provide higher returns more people will invest, if labor provides more return then more people will seek to work, and if corporations have more money, they will reinvest it. As for how this theory works out, well, cutting taxes on corporations and stocks is a good idea in terms of promoting economic growth. Corporate taxes are considered somewhat inefficient, and most other nations have actually made remarkable progress in reducing them, with the US now having relatively high corporate taxes compared to the norm. Stock tax reductions also end up with more capital accumulation, which is also a good thing. I would say that the real Achilles heel ends up being that Republicans focus on the income tax, and rather than making it more efficient, they just reduce it, and well... labor is actually less flexible in the desired fashion than the others because of the fact that labor supply curves bend backwards too. The issue of outsourcing though is something I would consider to be outside of the tax system here, as companies will outsource no matter what.


You seem to think that capital accumulation by those with the means to invest is a benefit to society as a whole. I don't see how this follows. If you wish to drive spending, and increase the consumer throughput of goods in our society, the best method of doing so is reducing interest rates on borrowed money and reducing sales tax. This drives purchasing and makes the individual dollar go farther, which in turn generates more production and drives the money up. The flow of cash still ends up in the same location, but the individual has more to show for their efforts.


Awesomelyglorious wrote:
flutter wrote:
The flat tax is a fine theory, but in practical application, it places a much larger strain on the poor family then it does on the rich family.

Well, it is a fine theory, but in practical application, when are the politicians going to get rid of their favorite tax loop-hole? The real issue that flat taxers often hate is the fact that taxes are very convoluted. A simpler tax would just be a lot more efficient.


While I agree that there is an appeal to simplifying the tax system, a flat tax is simply overly burdensome on the lower and middle classes.

Awesomelyglorious wrote:
flutter wrote:
A graduated tax system asks those who are wealthier to support the burden of the tax load. Who benefits most from an orderly society? The wealthy in their yachts with their servants and their trust funds, or the single mother in subsidized housing attempting to keep her three kids out of gangs, and still going to a school who isn't interested in teaching them? If we remove the structure of society, will the wealthy still have their yachts? Will they still have their wealth and their privileged position within society? Will that single mothers life change significantly? Who's existence will experience the more fundamental shift by the breakdown of society?

Well, all systems ask members to support the burden of the tax load. The issue is just whether the system of taxation is seen as desirable. Now, as for these things the rich receive less than what they pay for their contributions, and must for they pay for most of the government as a group, but their benefits are not much different than those of other people in some ways, and perhaps less in other ways(many wealthy groups provide their own security, and a number of corporations engage in private legal provision). If the government disappeared, they would likely create their own order rather effectively as they are used to doing such things. Thus it seems to me that the middle class or poor could potentially benefit the most from the government as some receive net financial benefit for their taxes(but one could even argue that they do not benefit too much from their government) and because their existence will be more tied to that of an order providing government(especially in the case of the middle class, which depends on governmental order but does not have the power to directly create it for itself)


I highly doubt that the current rich will be able to maintain order and pay for their own security if society breaks down and money no longer has value. The military and police maintain order which allows for the uninterrupted continuation of these lifestyles. Private security is likely to capture the resources for itself without the rule of law in place to protect the owner.


Awesomelyglorious wrote:
flutter wrote:
The Rich will, and so it is in their best interest, despite what they may think, and it is their responsibility to shoulder the burden of funding the majority of a society that maintains them in their privileged position.

I doubt they really do, but I already put this forward. The rich groups can privatize a number of governmental services already. The issue of responsibility though is what we are arguing, I would also argue that society did not maintain the rich so much as allowed for a variety of individual efforts that included accumulation of a large amount of wealth.


The society allowed them that freedom, so without the maintenance of the society, that growth is no longer possible, and their own position crumbles. They have reaped the benefits of the society, granted through their own hard work within the rules of the society, but it is their responsibility to maintain the system that keeps them in a place of luxury.

Awesomelyglorious wrote:
flutter wrote:
By providing for decent education, housing, food, and healthcare for everyone in a society, the wealthy promote a more enlightened and stable society where they can continue their peaceful dominance. If you don't educate the masses, we fall behind, and we lose the edge that makes us competitive in a global market, if you don't give them healthcare, you lose productivity from them, and you place a greater strain on society as a whole and on their family units due to lost wages and early avoidable deaths.

Well, the issue with educating the masses is the mechanism, couldn't the rich argue that because private schools are good enough for them, they should be good enough for everyone and thus push for a voucher system? Also, couldn't the rich just say to healthcare that all that is necessary is a private market for that so that way people get an optimal amount of healthcare depending upon their benefit to others/the economy.


It's not just their children that matter. By not funding public education and giving it the resources it requires to reach these children, it perpetuates the cycle of poverty and locks the poor into low paying jobs generation after generation. Going beyond that, we need to teach critical thinking, not rote memorization, and this is where our school systems fail. We jam their heads full of the information thats a keyclick away instead of training their minds to evaluate that information and synthesize it into something new.

Money should never be the determining factor in whether a person gets access to the medical care they require to thrive and survive. How does one judge the worth of an individual? Is the artist who creates beauty and/or illuminates and teaches the public through controversial work, worth saving? Is the gadfly not an important part of a healthy society?

Awesomelyglorious wrote:
flutter wrote:
It is the responsibility of the rich to pay for society, and republicans and libertarians both attempt to circumvent this responsibility for their own personal benefit. So yes, they are looting America, they're looting the future of you and me.

I would think you are asserting what you are trying to prove. Not only that, but how are they looting if they already own everything?


The concentration of wealth in the upper 1% has gotten progressively worse in the last 28 years since reaganomics has become policy. The middle class is slowly shrinking, and with it, the American dream disappears.

http://www.epi.org/content.cfm/webfeatu ... s_20060621

Just one example of the divide.



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01 Sep 2008, 12:44 pm

LKL wrote:
The right to free speech is infringed - one cannot yell 'fire!' in a crowded theatre (when there isn't a fire) and expect one's first amendment rights to protect the act.

Well, that doesn't fall under the government's jurisdiction, unless there is a literal federal law that states "One cannot yell "fire" in crowded theatres". And such a law would be quite unnecessary as theatres belong to other people, and these other people have the right to allow or disallow certain things to be said. But yes, if there were such a law, then that would be a violation of the 1st Amendment, however, if you look at the text, there is no right to free speech, there is just no lawful ability for government to impede speech.

"Congress shall make no law .... or abridging the freedom of speech"



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01 Sep 2008, 12:46 pm

DNForrest wrote:
flutter wrote:
There is no lawful use for a concealed weapon.


I'll just go with one of the more famous arguments against this

http://en.wikipedia.org/wiki/Suzanna_Hu ... of_parents

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On Wednesday, October 16, 1991, Hupp and her parents were having lunch at the Luby's in Killeen. She had left her handgun in her car to comply with Texas state law at the time which forbade carrying a concealed weapon. When George Hennard drove his truck into the cafeteria and opened fire on the patrons, Hupp instinctively reached into her purse for her weapon, but it was in her vehicle. Her father, Al Gratia, tried to rush Hennard and was shot in the chest. As the gunman reloaded, Hupp escaped through a broken window and believed that her mother, Ursula Gratia, was behind her. Instead she watched as Hennard killed her parents and twenty-one other persons. He also wounded some twenty others.


You assume that I don't believe in carrying handguns.

I just believe carrying them in concealment should be illegal.

In addition to registering the weapon for purchase, there should be a test in order to be licensed to carry it in public.



flutter
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01 Sep 2008, 12:55 pm

Awesomelyglorious wrote:
flutter wrote:
When the second amendment was written, it was intended that a man should have a right to own a musket for home defense and to stand against enemies to this land in times of crisis. The framers of the bill of rights had no way to conceive of the advances that would be made in firearms, and so their intentions are left to the courts and the legislators decide.

Well, the text states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." and given that the term "shall not be infringed" is included, and some of the commentaries on this Amendment include the notion that the militia could be a check on the government(remember, the Amendments were put in place by people who were afraid the new government would replace the evil of the old). I don't think that there is a limit, and I think that suggesting so is a deviation from the literal interpretation of the Amendment. I mean, the notion of leaving something up to the courts to decide seems to violate the notion of "rule of law" which is essential to Western liberal republicanism.


As LKL has already pointed out, in order for a militia to overthrow our government, we'd have to allow tanks, urban assault vehicles and heavy artillery as well as smart bombs in order for them to stand a chance.

Awesomelyglorious wrote:
flutter wrote:
Give me one good reason the average citizen needs an assault rifle that doesn't involve overthrowing the government through violent means or repelling invaders that are never gonna come.

Why do I have to give a good reason other than the first? I mean, James Madison wrote in the Federalist in relation to the kind of militia desired by him: "It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops." I mean, so obviously if we follow the founding fathers, we *should* have the power to overthrow the government at will. Saying otherwise is a corruption of the original intent of the laws.


We don't need to overthrow the government violently, we just need to wait 4 years and vote the bastards out of power. It is ridiculous to assume that the militia groups camping out in the swamps of the south are ever going to save the country or overthrow a tyrant.



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01 Sep 2008, 1:09 pm

Dox47 wrote:
flutter wrote:
I can understand a person having a lawful use for a rifle, a hand gun, or a shot gun.

There is no lawful use for a concealed weapon.


What definition of "concealed weapon" are you using here? It doesn't normally refer to a type of weapon, but a mode of carry. Incidentally, no state that has introduced concealed carry has seen an increase in crime, and most have seen drops. Your statement is patently untrue, self defense is lawful in this country.


How much less crime would we have if people were visibly armed?

It's the concealment I object to. If you have a legal right to carry the gun, then you don't need to conceal it, and it's presence is a likely deterrent for crime.

Dox47 wrote:
flutter wrote:
There is no lawful use for a machine gun, a rocket launcher, and any form of light assault weapons.


Machine guns and rocket launchers are already highly regulated or illegal, depending upon state law. "Light assault weapons" is a nebulous term, I suspect you are referring to detachable magazine semiautomatic rifles in military configuration, where regulation also varies state by state. I'm also beginning to think you don't know what the word "lawful" means, I think the word you are looking for is "legitimate".


Barring shooting them for fun on a firing range, there is no legitimate or lawful reason for any of them to be in the hands of a private citizen.

Dox47 wrote:
flutter wrote:
There is no reason for a private citizen to need high explosives that wouldn't warrant at the very least a building permit.
No one is arguing this, and explosives are already highly regulated and require blasting permits and identification.


Fair enough

Dox47 wrote:
flutter wrote:
Guns should be licensed and registered and tracked. Background checks should be done on the people buying them, and the three day rule is appropriate.


Registration has historically been a precursor to confiscation, which is why it will be fought tooth and nail here in the states. Licensing is already done in most states with regard to concealed carry, which is in line with auto licensing. You don't need a license to buy the item, but you need it to operate the item in public, I have no problem with that. Background checks are already performed on all firearms purchases in the US, waiting periods are state by state. Here in Washington there is a 5 day wait on handguns, but it is waived for me because I have a concealed carry permit.


Then the only point we disagree on is registration. The only point to opposing registration is if you plan to hold out and conceal weapon purchases, or not turn in a gun if it is deemed inappropriate for public usage. If someone who owns weapons commits a crime, is it not a good idea to take away his weapons?

Dox47 wrote:
flutter wrote:
To Dox47 - What purpose do the ERB's serve outside of the armed forces or police units?


Well, they're a lot of fun to shoot! Quite frankly, I don't have to prove any sort of "need" to own something, even a firearm. Given that they are used in a minuscule number of crimes, there is no rationale for civilians NOT to own them, other than playing politics.


They could be used in armed insurrection, and they can be used in crimes, and there is simply too much firepower at the hands of a civilian for me to be comfortable with the concept. The reason they are rarely used in crime is because they aren't easily concealed, or obtained, and they are expensive.

Dox47 wrote:
flutter wrote:
When the second amendment was written, it was intended that a man should have a right to own a musket for home defense and to stand against enemies to this land in times of crisis. The framers of the bill of rights had no way to conceive of the advances that would be made in firearms, and so their intentions are left to the courts and the legislators decide.


No, if that was the case they wouldn't have put it in the Bill of Rights, as their #2 priority no less. The purpose of the 2nd Amendment was at least in part to provide a check upon the possibility of a tyrannical government, something that shouldn't seem too far fetched to you given your opinions on Republicans. In order for that to work, civilians need access to modern weaponry, and there is no compelling reason not to give it to them.


Where shall we deliver your urban assault vehicle and blackhawk?

Dox47 wrote:
flutter wrote:
Give me one good reason the average citizen needs an assault rifle that doesn't involve overthrowing the government through violent means or repelling invaders that are never gonna come.


LA riots
Katrina Looting
3 Gun Matches

That's three more than I really needed to give you, since I think I addressed the issue of need above. It's you who wants to take rights away from others, so it's you who needs to provide the compelling reasons.


I think a shotgun would be sufficient deterrent for would be looters, and is more then enough for defending your property.



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01 Sep 2008, 1:19 pm

flutter wrote:
You seem to think that capital accumulation by those with the means to invest is a benefit to society as a whole. I don't see how this follows. If you wish to drive spending, and increase the consumer throughput of goods in our society, the best method of doing so is reducing interest rates on borrowed money and reducing sales tax. This drives purchasing and makes the individual dollar go farther, which in turn generates more production and drives the money up. The flow of cash still ends up in the same location, but the individual has more to show for their efforts.

The issue is that spending is not what increased GDP, increases in capital and labor are what increase GDP. Increasing GDP can be assumed as having high benefits to society. If we assume that Y = C + I + G + NX, that the latter 2 are constant, and that this is a relatively long-term model, and we want to increase I(investment), then we ultimately should attempt to decrease C(consumption) as every dollar that goes towards consuming goods takes away resources from investing. We are holding Y constant though because we are going to assume at a given point, the amount of available resources is at a set amount.

Quote:
While I agree that there is an appeal to simplifying the tax system, a flat tax is simply overly burdensome on the lower and middle classes.

I tend to doubt that, most proposals have a set amount that is untaxed, which helps the poor, and I still think that the middle class will not suffer too much. Even if what you say is true, the efficiency gains would likely be worth it, as tax-based services are a very big industry that would constitute waste under the current system.

Quote:
I highly doubt that the current rich will be able to maintain order and pay for their own security if society breaks down and money no longer has value. The military and police maintain order which allows for the uninterrupted continuation of these lifestyles. Private security is likely to capture the resources for itself without the rule of law in place to protect the owner.

Who said that there would be no money? Money is not purely a government invention, heck, that is why some people hoard gold, because if the current dollar fails, then they see gold as the successor. I mean, I would just say up front, that in any change, the rich are going to outsmart that change and come out ahead as they have the most resources to do so. Private security is not likely to do that, otherwise who would buy the private security? I think a simple notion that long-term interdependence provides more than short-term looting is pretty straightforward, especially given that if one employs multiple individuals, all that is necessary is adjustments of the mechanisms controlling those individuals.


Quote:
The society allowed them that freedom, so without the maintenance of the society, that growth is no longer possible, and their own position crumbles. They have reaped the benefits of the society, granted through their own hard work within the rules of the society, but it is their responsibility to maintain the system that keeps them in a place of luxury.

The society didn't deny them that freedom. It is foolish to say that freedom does not exist without people to get in the way of it, and it defies our principles of justice to claim that allowing something is an important characteristic. Not only that, but if most of the expenditures are not necessary for the maintenance of a governmental order, then why should they pay for that? How is there a responsibility of the rich towards your favorite social programs? If this is a matter of the rich's responsibility towards their own welfare, then why can't they set up the system as to how they'd want to do it?

Quote:
It's not just their children that matter. By not funding public education and giving it the resources it requires to reach these children, it perpetuates the cycle of poverty and locks the poor into low paying jobs generation after generation. Going beyond that, we need to teach critical thinking, not rote memorization, and this is where our school systems fail. We jam their heads full of the information thats a keyclick away instead of training their minds to evaluate that information and synthesize it into something new.

I didn't say anything about their children. I said "voucher system". Also, why should the perpetuity of poverty be included in the responsibility of the rich? Right, the current school system is not that good.

Quote:
Money should never be the determining factor in whether a person gets access to the medical care they require to thrive and survive. How does one judge the worth of an individual? Is the artist who creates beauty and/or illuminates and teaches the public through controversial work, worth saving? Is the gadfly not an important part of a healthy society?

Why not? One judges the worth of an individual based upon how much other people value them. Maybe not. Are you willing to front any money for his life? Is he? If you think he is, then you bring your cash for him, but why should I pay for these people? Beauty is subjective, so why should I pay for a person who brings ugliness? Are all critics that valuable? If I think the man is a fool, then why should I support his folly?

Quote:
The concentration of wealth in the upper 1% has gotten progressively worse in the last 28 years since reaganomics has become policy. The middle class is slowly shrinking, and with it, the American dream disappears.

http://www.epi.org/content.cfm/webfeatu ... s_20060621

Just one example of the divide.

Right, part of that is the income tax changes, part of that is also the fact that some people removed their taxes from accounts that escaped taxation, and part of that reflects the economic changes that have occurred due to technology and globalization, and part of your specific graph is simply that firm size has increased and thus the marginal benefits of CEOs has thus increased, and partially that competition for top executives has increased as well.

As for the middle class, part of the issue has nothing to do with governmental policy and rather labor market changes, and that cannot be dealt with until the middle class adapts to the new demands for labor.



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01 Sep 2008, 1:22 pm

flutter wrote:
As LKL has already pointed out, in order for a militia to overthrow our government, we'd have to allow tanks, urban assault vehicles and heavy artillery as well as smart bombs in order for them to stand a chance.

Ok, cool. We could also cut back the military to make it fairer. Not only that, but conventional militaries suck at guerrilla warfare anyway, so just as the turban heads in Iraq give our forces problems already despite less tech, so could any revolutionary militia.

Quote:
We don't need to overthrow the government violently, we just need to wait 4 years and vote the bastards out of power. It is ridiculous to assume that the militia groups camping out in the swamps of the south are ever going to save the country or overthrow a tyrant.

Sure we do, if you haven't noticed, the nature of our political system is to conserve. This means that if the government has been getting out of hand for a while, and large-scale corruption started to show itself, that would mean we would need to overthrow it. Not only that, but the presidential system existed in the time of the Constitution, they still wanted the ability to overthrow the government. Whether or not it is ridiculous or not, they clearly have a constitutional right to have the power to do this.



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01 Sep 2008, 2:12 pm

flutter wrote:
How much less crime would we have if people were visibly armed?

It's the concealment I object to. If you have a legal right to carry the gun, then you don't need to conceal it, and it's presence is a likely deterrent for crime.


This one cuts both ways. Yes, criminals are less likely to attack people with guns visibly on their hips, but in a situation that goes violent those people are going to be the first to be targeted. Concealed carry also has the advantage of no one knowing who may have a gun, and if it was widespread enough criminals would have to treat every possible victim as if they may be armed, making the argument for efficiency.

flutter wrote:
Barring shooting them for fun on a firing range, there is no legitimate or lawful reason for any of them to be in the hands of a private citizen.


If you had any idea of the difficulty of legally obtaining a Class 3 weapon... To date, there has only been ONE murder EVER committed with a legally owned machine gun in this country, and the owner was a cop. Of all the types of gun out there, these are the ones you should spend the least time worrying about.

flutter wrote:
Then the only point we disagree on is registration. The only point to opposing registration is if you plan to hold out and conceal weapon purchases, or not turn in a gun if it is deemed inappropriate for public usage. If someone who owns weapons commits a crime, is it not a good idea to take away his weapons?


That is not why I oppose registration. Historically, whenever guns have been registered it has been the first step towards total government confiscation. It would also be an impossible task in this country, with the millions of guns and the ease of changing markings, it would just be another cross for legitimate gun owners to bear. Trust me, it would serve no useful purpose other than if the government wanted to start confiscation, the day it happens is the day I start burying my gear. BTW, when someone commits a felony they already have to sell or transfer all of their firearms, that's already law.

flutter wrote:
They could be used in armed insurrection, and they can be used in crimes, and there is simply too much firepower at the hands of a civilian for me to be comfortable with the concept. The reason they are rarely used in crime is because they aren't easily concealed, or obtained, and they are expensive.


They could and they can, but they aren't, at least not often. This is a poor rational for taking a rights away from someone, because you're not "comfortable" with them having an object that could be used for nefarious purposes, except for some notable drawbacks that have previously been mentioned. You admit that they aren't practical for crime, but want to ban them anyways why? And you think the law will keep them out of the hands of lawbreakers why?

flutter wrote:
Where shall we deliver your urban assault vehicle and blackhawk?


Citizens don't need to be able to take on a modern army head on to provide a deterrent, look at our current misadventures in Mesopotamia, or 40 years ago in Indochina. Our armed populace is a hell of a deterrent to anyone thinking of imposing martial law on this country, foreign or domestic, you simply could not move troops around this country. That is what the framers of the 2nd Amendment intended, a deterrent to tyranny.

flutter wrote:
I think a shotgun would be sufficient deterrent for would be looters, and is more then enough for defending your property.


Depends on what and who you are defending your property from. If I was a Korean shopkeeper for example and an angry mob was approaching, I'd much rather have 30 rounds in the clip and a fast reload than 4 shells and a limited range.

I've said it on other threads, and I'll say it again here; if your true motive in gun control is saving lives, there are causes much more deserving of your energies. I'd suggest drug policy reform, since so much gun crime is linked to the drug trade. If all the anti-gun people would focus their energy there instead of trying to take away the rights of people like me, they may actually accomplish something, other than wasting everyone's time. They might even save some lives.


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01 Sep 2008, 4:37 pm

flutter wrote:

You assume that I don't believe in carrying handguns.

I just believe carrying them in concealment should be illegal.

In addition to registering the weapon for purchase, there should be a test in order to be licensed to carry it in public.


Carrying concealed is both a tactically intelligent position and just a polite act to your fellow citizens. Every state I've lived in allows for open-carry, but people choose not to do it, because it's considered impolite to scare your fellow citizens (many will assume you're going to commit a crime/shoot them if you openly carry), and because most police officers don't know that it's legal and will most likely end up tackling and arresting you.

And besides that, it's just plain stupid to carry openly. If you've got a well-determined armed criminal that wants to commit some shenanigans, who's he going to shoot to make sure his plans don't get foiled, an old lady, or the 6'2" athletic guy with a handgun on his hip? Concealed carry gives you politeness to the people around you, and gives you the element of surprise on a-holes hellbent on committing a crime.

Most states currently require you to pass a rigorous background check, with only a few that allow concealed carry without a CCW permit (Alaska included). I will admit, some states' requirements beyond background checks are ridiculously easy, such as in Wyoming, where my dad got his CCW permit in his early 50s with only the hunter's safety card he got in middle school in Oregon 35 years earlier. Personally, for my Oregon CCW permit, I took an 8 hour course, which only included 2.5 hours of range time, with the rest in a classroom being instructed by detectives, SWAT members, and Oregon defense attorneys, having the law hammered into our heads. Even then, when I applied for it at the sheriff's office, he didn't have to let me have the permit, even if my record was completely clean (though some states are Shall-Issue, where if your background's clean, the sheriff can't deny you the permit, regardless of their personal discrimination). I'm not saying the system's perfect, I'm saying that we should let lawful, permitted citizens carry concealed wherever they want, especially in high-crime areas.



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01 Sep 2008, 7:37 pm

Awesomelyglorious wrote:
LKL wrote:
The right to free speech is infringed - one cannot yell 'fire!' in a crowded theatre (when there isn't a fire) and expect one's first amendment rights to protect the act.

Well, that doesn't fall under the government's jurisdiction, unless there is a literal federal law that states "One cannot yell "fire" in crowded theatres". And such a law would be quite unnecessary as theatres belong to other people, and these other people have the right to allow or disallow certain things to be said. But yes, if there were such a law, then that would be a violation of the 1st Amendment, however, if you look at the text, there is no right to free speech, there is just no lawful ability for government to impede speech.

"Congress shall make no law .... or abridging the freedom of speech"


sorry, assumed everyone knew about this 1919 SCOTUS case:

http://en.wikipedia.org/wiki/Schenck_v._United_States
quote:
In the opinion's most famous passage, Justice Holmes sets out the "clear and present danger" standard:

"The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. ...The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."



Awesomelyglorious
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01 Sep 2008, 9:07 pm

LKL wrote:
Awesomelyglorious wrote:
LKL wrote:
The right to free speech is infringed - one cannot yell 'fire!' in a crowded theatre (when there isn't a fire) and expect one's first amendment rights to protect the act.

Well, that doesn't fall under the government's jurisdiction, unless there is a literal federal law that states "One cannot yell "fire" in crowded theatres". And such a law would be quite unnecessary as theatres belong to other people, and these other people have the right to allow or disallow certain things to be said. But yes, if there were such a law, then that would be a violation of the 1st Amendment, however, if you look at the text, there is no right to free speech, there is just no lawful ability for government to impede speech.

"Congress shall make no law .... or abridging the freedom of speech"


sorry, assumed everyone knew about this 1919 SCOTUS case:

http://en.wikipedia.org/wiki/Schenck_v._United_States
quote:
In the opinion's most famous passage, Justice Holmes sets out the "clear and present danger" standard:

"The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. ...The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."

Well, ok, I have heard about that case, in particular, about the issue of "shouting fire in a theatre" I just regard the interpretation as illegitimate given the actual word of the law and the example as unnecessary given the already defined ownership of a theatre allowing for a person falsely shouting "fire" to be punished in some manner. I also regard the ruling in this case to be illegitimate, as the man was clearly using his freedom of speech and congress cannot abridge that freedom. I mean, the best Constitutional argument would be to ignore the 1st and try to argue that Schenck was aiding US enemies by attacking the draft(an argument still that I might find to be questionable).

The issue of Justice Holmes however, is addressed in an outside article about such a matter, and the position put forward by Holmes was criticized by a fellow Supreme Court member, Hugo Black, who I think has a better position.
http://mises.org/story/2569

I mean, we can argue about the case a bit, however, a major issue here is the manner in which both Holmes and Black tend to interpret the law. Black tends to be a textualist, he goes by what the law actually says. Holmes is a fore-runner of legal realism, they go by what they think the law ought to say. Now, let's just be honest, when there are a set of rules out there that you have to follow, what is the more proper way to follow them? To go by what you think the rules should be, or to actually follow them? The latter assuredly, for if it were the former, then why would these rules need to be set up, and why would there have to be debates on them? You may as well argue that the rules do not so much exist as the arbitrary moods of judges, and well, the reason for a law to examine and criticize is so that it could be followed.



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01 Sep 2008, 10:34 pm

The whole reason the founding leaders of this country set up trials by a jury of one's peers rather than trials by a panel of legal experts was to deliberately introduce context and social mores into the legal system. If it were only ever about the letter of the law, then a panel of legal experts would make far 'better' decisions than a bunch of semi-random citizens.

If the constitution were completely inflexible, it would break over time due to social change.

That said, I don't always think that the SCOTUS judges have their heads on straight, either. :?



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01 Sep 2008, 10:52 pm

LKL wrote:
The whole reason the founding leaders of this country set up trials by a jury of one's peers rather than trials by a panel of legal experts was to deliberately introduce context and social mores into the legal system. If it were only ever about the letter of the law, then a panel of legal experts would make far 'better' decisions than a bunch of semi-random citizens.

The supreme court is not a jury, so you are really just ignoring the issue I am putting forward. Not only that, but a legal panel has more potential for corruptibility and things of that nature than a random jury that is removed from the rest of society. As well, another reason for the jury is to have a check on unjust laws, so they play a different role than a judge, judges being more along the lines of enforcers of laws and of an internally consistent legal system.

Quote:
If the constitution were completely inflexible, it would break over time due to social change.

The constitution has flexibility, they are called amendments. And the government has flexibility too, it is called legislation. Frankly though, a constitution is not so much created to have flexibility but rather form a bedrock for future legal decisions.
Quote:
That said, I don't always think that the SCOTUS judges have their heads on straight, either. :?

No, I cannot say they always would.