News
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
view the rest of the comments
SCOTUS has ruled in the past that some reasonable restrictions can be placed on the right to bear arms (banning kids from carrying, for example). Not to mention that some legal minds disagree on the entire intent of the 2nd amendment
It's no different than the "time and manner" restrictions placed on speech
By "it" are you referring to taxation?
I would argue that such taxation goes beyond those sorts of "reasonable restrictions", and only serves as a blanket infringement on the rights of the entire populace, regardless of context or circumstance.
For the sake of clarity, would you mind elaborating on this? Which legal minds disagree, and to what extent?
Souter, most famously (edit: and most recently, not sure about earlier justices in US history) and other SCOTUS justices have dissented
Here’s a summary: https://www.thenation.com/article/archive/how-the-roberts-court-undermined-sensible-gun-control/tnamp/
I barely skimmed it but it touches on the dissenting opinions around the second amendment.
Here’s a summary of Souter’s positions:
https://www.ontheissues.org/Court/David_Souter_Gun_Control.htm
And here’s a take from a linguist:
https://www.washingtonpost.com/opinions/antonin-scalia-was-wrong-about-the-meaning-of-bear-arms/2018/05/21/9243ac66-5d11-11e8-b2b8-08a538d9dbd6_story.html
The linguist might seem out of place here but I’ve always felt that analysis was pretty damning for SCOTUS’ take during Heller. Been a couple years since I read that article but it really stayed with me.
Sorry for all the edits… but to be clear, prior to Heller in 2008, there was no assumption that an individual had the right to arms
I'll preface this by saying that this linked article isn't exactly about David Souter. He is only mentioned once in the article as someone who supported another's argument in D.C. v. Heller.
I agree with this. Imo, this comes out of how the commas are used: "A well regulated militia" is the first item, "being necessary to the security of a free state" is parenthetical information emphasizing the importance of a well regulated militia, "the right of the people to keep and bear arms" is the second item, "shall not be infringed" is stating the level of protection on both items. Do note that this is only my personal interpretation/opinion.
This is an interesting point to consider, however, it is not, on its own, an argument for the original intended interpretation of the Second Amendment.
Aside from this statement being conjecture, if I deviate from the interpretation of the original intent of the Second Amendment, in my opinion, I don't understand why this is a fundamentally negative idea. Why wouldn't one want people to have the means to protect themselves in the event of a scenario that public law enforcement cannot?
Important to note that only the last section in this link is really relevant to the original point being "some legal minds disagree on the entire intent of the 2nd amendment". And that being said, it essentially just reiterates what was said in the first link, albeit without the surrounding opinion piece, and much more to the point (which I do appreciate).
Given the wording of the second amendment (if you interpret "bear" as a person physically arming themselves, and "keep" as the general ownership of firearms) I would agree that this argument is sound.
This was an interesting read. Interpretation of the Second Amendment is certainly a linguistic issue.
This is very interesting.
This argument is essentially conjecture — they don't argue why it can't be interpreted that way, they just state that it isn't.
This appears to be an attempt at linguistic trapping, rather than an argument. Simply because it wasn't colloquial, doesn't necessarily mean that it couldn't be understood in the manner that bear arms doesn't require one to serve in the military.
I can't really comment on this, as it's conjecture. Would you have any sources that show that the consensus prior to Heller was that the Second Amendment didn't grant individuals the right to arms? Regardless, the current supreme court decision is how the constitution is officially interpreted. What that means is that if people were of that opinion prior to Heller, Heller states that those prior opinions were unconstitutional.
I’m confused by a lot of what you said, in particular that it’s conjecture that it’s conjecture that there was no individual right prior to Heller. That’s just case law?
Would you mind pointing out all that you are confused with?
Would you mind citing case law? I said that it is conjecture because it was an argument without premise. You now mentioning that you are basing the argument on the premise that there is case law which supports it is in the right direction, but I would be curious to know what case law you are referencing.
gestures to all the nonexistent case law
If there's no case law, then what makes you claim that there was no individual right prior to Heller? You can't know what the legal standard was without precedent.