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- Xref: sparky talk.abortion:58369 misc.legal:23461
- Path: sparky!uunet!optilink!cramer
- From: cramer@optilink.COM (Clayton Cramer)
- Newsgroups: talk.abortion,misc.legal
- Subject: Re: Blackmun calls the Roe v. Wade dividing line "arbitrary"
- Message-ID: <14077@optilink.COM>
- Date: 26 Jan 93 17:50:27 GMT
- References: <C0xCws.5yB@news.cso.uiuc.edu> <1993Jan24.024901.21410@rotag.mi.org> <1993Jan25.020911.27901@rotag.mi.org>
- Organization: Optilink Corporation, Petaluma, CA
- Lines: 41
-
- In article <1993Jan25.020911.27901@rotag.mi.org>, kevin@rotag.mi.org (Kevin Darcy) writes:
- > In article <1jtq56INNs2v@shelley.u.washington.edu> tzs@stein.u.washington.edu (Tim Smith) writes:
- > >There's another rule of statutory construction called _find out what the words
- > >mean_. If you apply this to "well-regulated militia" you will find out that
- > >nearly everyone in the NRA, for example, is a member, ...
- >
- > They may (arguably) qualify under "militia", maybe, but what about the "well-
- > regulated" part? And what about the "necessary to the security of a free
- > state" part? Do they meet ALL of the qualifications?
-
- "Well-regulated" meant "disciplined or effective." See Federalist
- 29. In any case, every male citizen between 18 and 45 is a member of
- the unorganized militia of the U.S.[10 USC sec. 311]
-
- > Sorry, it just doesn't wash. The Mafia soldiery, for instance, is probably a
- > more well-regulated militia than the NRA will EVER be, but since they aren't
- > "necessary to the security of a free state", they don't get an automatic RKBA.
-
- Sorry, but that's not a requirement, either. The clearly stated
- intentions of the ratification debates are that the ENTIRE population
- be capable of rising up against the government, if it turns tyrannical.
- See Federalist 46, among others.
-
- > If you want a Constitutionally-protected RKBA, pass an Amendment. You might
- > even get my support in that effort. But stop trying to hijack the Second,
- > please.
- >
- > - Kevin
-
- Look into the original intent of the Second Amendment -- it was to
- protect the right of individuals to possess and carry arms -- as
- many pre-Civil War state supreme court decisions pointed out, when
- striking down STATE laws regulating or prohibiting the carrying of
- arms. While the purpose was to keep the government in check, it
- wasn't limited to collective possession or carrying of arms.
-
-
- --
- Clayton E. Cramer {uunet,pyramid}!optilink!cramer My opinions, all mine!
- "When freedom destroys order, order will destroy freedom." -- Eric Hoffer
- Not a goal, just a statement of reality.
-