Vince(1) Wrote:
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> All that nonsense is in the context that the only
> kind of militia the Second Amendment expressly
> regards as consistent with security is a
> "well-regulated" militia. "well-regulated"...as
> in controls....gun controls.
For Vince (and others like him) it is the convenient ability to have a suspension of belief to justify their BS. For instance:
Quote
4th Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This is the one everyone screams about when they talk about the Patriot Act. Lets see why that is.
"...against unreasonable searches and seizures, shall not be violated..."
against this clause:
"...no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Layman's Analysis (I am not a legal scholar):
1. Probable cause
Widely interpreted to mean any number of things depending upon the circumstance. If they cannot prove they had probable cause, any evidence found will likely be suppressed or the case dismissed. In issuance of a warrant, many times it will be denied without solid probable cause to be determined by the person responsible for issuing the warrant - usually a judge.
2. particular description of the place to be searched
They must be specific in what the warrant is for - so they can't just say "hey, we know he is running drugs so we just want to toss his whole house and see what kind of stuff he has there." In the case of the Patriot Act they "slightly" suspended the use of judges in processing wiretap and other related requests in particular regarding a specific phone number being used - they stretched it to allow for (in potential terrorist related instances to out of country phone numbers, and inline with existing laws regarding organized crime) any phones used by a person.
3. person or things to be seized
Drugs, equipment, a terrorist, Vince, etc... But it has to be specific as well.
The law gave them the ability to request documents from libraries and other establishments without having a formal warrant issued by a judge. Both of which seem to be at issue with 1 - not having a formal warrant per se, and 2 - grabbing records from a library to look through for "possible" clues.
All of this of course "...supported by Oath or affirmation..." which back then meant a lot more than today. If you were determined to be a man of no honor back then, or an Oath-breaker, your Oath wasn't worth shit (usually sworn on the Bible or "Before God").
The 2nd Amendment, like the others, has a pre-clause or premise, and then a clause that is justified or the subject of that premise. So they would State a Fact, or premise in the first part, and then note all the rights or rules that must be followed that came from the acknowledgment of the premise.
4th Amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures..."
"...shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
2nd Amendment:
"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."
In the 4th Amendment, no warrant-less search and seizure without probable cause and clear descriptions of the place and items or persons you are looking for.
In the 2nd Amendment, people have the right to bear arms that shall not be infringed.
Does that mean I believe we should all run around with AK-47s? No. But can I OWN an AK-47? I should be allowed to if I want within the limitations of mental capacity, prior felonies, etc.