quote:
Originally posted by seeweed:
I'm not so sure there is a lot of disagreement between us, although I don't care for being included in any way with this TEA party, because I think they are all kinda Glen Beck nuts.
When I said they should accept the will of the majority, I was referring to winning or losing an election. In an election, there will always be a winner, and a looser. I don't think that every time there is a looser, that side should seek armed conflict against the winner. What you stated had to do with "rights", and that is not the subject here with this crazy assed woman, but loosing an election.
As to a militia and it's intent , here is a section cut and past from the Constitution , Article 1 sec 8:
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To my way of reading that, a militia is for the purpose of enforcing the laws , ie: the Constitution, not for the overthrow of it, or the resistance of it. Constitution says so right here and they are at the calling of Congress, not some right-wing nut who dosn't like the way the last election turned out.
To your next point, I'm not sure separation is legal, there was some conflict over that point in the mid 1800's , as I am reminded whenever I find a minie ball in the yard, but Article 5 does provide a legal means to amend the Constitution, and it could be interpreted to mean a complete re-write. This can be driven by 2/3 of Congress, OR the legislatures of 2/3 of the states . Either can call for a change and constitutionally , it must happen. Don't see anywhere in there about separation of the states, or armed conflict.
Jefferson actually proposed that there be a constitutional convention called ever 20 or so years so as to "not have the living governed by the dead".
At any rate, I don't believe a militia should lawfully try by force to overthrow, or withdraw.
Well as far as separation being "legal", pretty much everyone prior to Dishonest Abe recognized the sovereignty of the people and their natural polity...the states. And of the several times "separation" was discussed prior to 1860, it came from New England and not the South...and the debate was always about "timing" and "prudence" and not if it was legal...it was a given.
To my way of reading that, a militia is for the purpose of enforcing the laws , ie: the Constitution, not for the overthrow of it, or the resistance of it. Constitution says so right here and they are at the calling of Congress, not some right-wing nut who dosn't like the way the last election turned out.Well you see, there is the problem...enforcing the Constitution...No one in Washington follows the Constitution...So armed militias?...I'm not saying I agree with that...but the Constitution of the Founders is not what we follow today.
And that goes to my point of the intention of the 2nd Amendment...to resist tyranny of the central government...when you have a...what did you say? "crazy assed"? congresswoman who laughs in response to being asked about Constitutional authority for the things the congress does...well you see the problem.
To your next point, I'm not sure separation is legal, there was some conflict over that point in the mid 1800's , as I am reminded whenever I find a minie ball in the yardMight doesn't make right...
Article 5 does provide a legal means to amend the Constitution, and it could be interpreted to mean a complete re-write.Exactly right...and exactly the problem. There is a legal way to amend the Constitution. But that legal way is not by usurpation of power by the 3 branches of the central government...just because they do it and nobody says boo about it...doesn't make it Constitutional.
Example...if something was constitutional/unconstitutional in 1910...it would still be in 2010...barring an amendment. The meaning of the Constitution DOES NOT change with the times. Take minimum wage and direct income taxation. Laws for both were passed by congress and struck down by Supreme Court in the late 19th Century. We could agrue all day about the moral and ecomonic benefits of both these issues...but they were out side the enumerated powers of congress and the federal government. Rightful remedy if you want the fed's to be invovled...Amendment. That ofcourse happened with the income tax...but not the federal minimum wage...How? Usurpation of power by the central government.
So when you say citizens, Tea Party or not, should look to elections or Constitutional amendments or rewrites...misses the point.
The Constituion has been completely reversed from the form of federalism that was set up...in short...self government...home rule...So no constitutionally speaking, we don't need an amendment if we disagree with the way government is running today...The Fed's do...Simply because this government, and no I'm not just talking about the Big O...I mean going back at least 80 years if not all the way back to Dishonest Abe...is not the governmental system laid out in the Constitution.