[quote]pushharder wrote:
[quote]smh_23 wrote:
[quote]pushharder wrote:
[quote]smh_23 wrote:
I would suggest that one knows one has a weak argument when one is loathe to sit up and state/defend one’s own position.
[/quote]
You might be right about that but what does that have to do with this thread? No one here has done any loathing about stating and defending one’s own position. In fact, it’d be the very definition of anti-loathing.[/quote]
The question was, as always, avoided or poked around at first. It was asked (totally aptly – again, there is no point in talking about the Second Amendment with anyone who won’t lucidly state his position on the Second Amendment) in the other thread, and the reluctance to answer was thick enough in the air that it could have been chewed. Again, this is understandable, because once the jig is up, criticisms come easily. This because the notion that an unqualified Constitutional right is by that sufficient fact illimitable is utterly ahistorical. And syntactically illogical. And a fringe belief to its silly core.[/quote]
Like others have said, your reductionist position allows illimitable restrictions and infringement on the Second.[/quote]
And as I explained, this is not the case, exactly as it is not the case that the Brandenburg test and commercial speech laws allow illimitable restrictions on, and abridgment of, the First Amendment right to free speech to the point that the state could without violating the letter, intent, and spirit of the Constitution restrict all legal, nonpunishable speech to the word “succotash.” Exactly as it is not the case that infringement of the right of the people to keep and bear arms on particular state properties, such as inside courthouses, allows illimitable restrictions on, and abridgment of, the Second Amendment. I could go on, but I already have.
This is and has always been the case, and the alternative is a fantastical fringe theory with utterly no basis in history.
[quote]
Smh, you’re trying to play the game George Will scoffed at in that 1991 column I posted. What you need to do is concede the 2nd is too general and too encompassing and instead of handling it in a “special” manner distinct from the others just repeal/amend the damn thing. [/quote]
It is not more general and encompassing than “Congress shall make no law…abridging the freedom of speech.” As for treating it “in a ‘special’ manner distinct from the others,” I have shown painstakingly throughout this thread that that is exactly false – that other unqualified Constitutional rights are not by this fact illimitable and are indeed already legally subject to a wide variety of reasonable limitations. This is not an interpretation, it is a fact. It is not arguable or controversial, and it cannot be denied.
As for what is definitely off the table, I’ll be back with a list of what I think is both reasonable and Constitutional, if that’s what you’re after.
Edited.