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#11
03-26-2007, 12:53 PM
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Re: 2nd Amendment ---- and other superfluous provisions
[ QUOTE ]
The entire Bill of Rights [/ QUOTE ] Absent the Bill of rights, please explain how the Constitution would interpret the following: An accused's right to a speedy trial; The right to Grand jury indictment The government's power to quarter troops in your home Search Warrants Right to a jury trial in civil cases Cruel/unusual punishment 
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#12
03-26-2007, 12:58 PM
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Re: 2nd Amendment ---- and other superfluous provisions
[ QUOTE ]
[ QUOTE ] it does seem like the Bill of Rights was written "tightly" in that an attempt was made to keep ambiguity to a minimum. [/ QUOTE ] LOL???? You might try reading Amendment 9. [/ QUOTE ] Seems clear to me.
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#13
03-26-2007, 12:59 PM
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Re: 2nd Amendment ---- and other superfluous provisions
[ QUOTE ]
[ QUOTE ] [ QUOTE ] it does seem like the Bill of Rights was written "tightly" in that an attempt was made to keep ambiguity to a minimum. [/ QUOTE ] LOL???? You might try reading Amendment 9. [/ QUOTE ] Seems clear to me. [/ QUOTE ] Oh, the wording and meaning are clear enough in themselves, but name the rights in question. All of them :P
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#14
03-26-2007, 01:00 PM
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Re: 2nd Amendment ---- and other superfluous provisions
[ QUOTE ]
[ QUOTE ] The entire Bill of Rights [/ QUOTE ] Absent the Bill of rights, please explain how the Constitution would interpret the following: An accused's right to a speedy trial; The right to Grand jury indictment The government's power to quarter troops in your home Search Warrants Right to a jury trial in civil cases Cruel/unusual punishment [/ QUOTE ] Yeah, I pointed out the flaw in my post before you did. [img]/images/graemlins/smile.gif[/img]
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#15
03-26-2007, 01:01 PM
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Re: 2nd Amendment ---- and other superfluous provisions
The 2nd ammendment is omewhat ambiguous. The right to "keep and bear arms" seems to imply that you have the right have guns in your house and also the right to serve in the militia and get military training. The part about a "well regulated militia" maybe implies that the ammendment isn't sanctioning an armed mob, but it could also be interpretted as reducing the right to keep arms or the right to bear arms in a militia. I don't think you can remove these words, as they are important to the interpretation of the ammendment.
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#16
03-26-2007, 01:02 PM
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Re: 2nd Amendment ---- and other superfluous provisions
[ QUOTE ]
Some parts which only limit Congress though, like the First Amendment, are clearly redundant. [/ QUOTE ] Absent the First Amendment, could Congress create a law banning all (or severely regulating) all advertising of goods sold through the channels of interstate commerce?
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#18
03-26-2007, 01:10 PM
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Re: 2nd Amendment ---- and other superfluous provisions
[ QUOTE ]
[ QUOTE ] [ QUOTE ] [ QUOTE ] it does seem like the Bill of Rights was written "tightly" in that an attempt was made to keep ambiguity to a minimum. [/ QUOTE ] LOL???? You might try reading Amendment 9. [/ QUOTE ] Seems clear to me. [/ QUOTE ] Oh, the wording and meaning are clear enough in themselves, but name the rights in question. All of them :P [/ QUOTE ] The point is that the Constitution is not intended to be an enumerations of all rights that an individual has. If that was the case then any "right" not mentioned would be automatically in the purveyance of the government. My understanding is that Madison clearly did not want the Constitution to be interpreted this way i.e. as an enumeration of all rights that an individual possesses.
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#19
03-26-2007, 01:11 PM
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Re: 2nd Amendment ---- and other superfluous provisions
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Well, the 3rd amendment has never been interpreted by a court, and likely never will be, so you could probably remove several clauses from it without any effect. [/ QUOTE ] That there has been little interpretation of the Amendment says nothing about how much you can/cannot delete from the Constitution. Which clauses in particular could be deleted? Could congress (absent the 3rd) quarter troops in times of peace? Could the President in a time of war without Congressional authorization quarter troops?
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#20
03-26-2007, 01:14 PM
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Re: 2nd Amendment ---- and other superfluous provisions
[ QUOTE ]
[ QUOTE ] Well, the 3rd amendment has never been interpreted by a court, and likely never will be, so you could probably remove several clauses from it without any effect. [/ QUOTE ] That there has been little interpretation of the Amendment says nothing about how much you can/cannot delete from the Constitution. Which clauses in particular could be deleted? Could congress (absent the 3rd) quarter troops in times of peace? Could the President in a time of war without Congressional authorization quarter troops? [/ QUOTE ] The British had soldiers staying in people's houses and the colonials didn't like it. The US government hasn't really tried it, due to the 3rd ammendment and lack of need.
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