On Thu, 2 Aug 2012 18:22:14 +0000 (UTC), in alt.war.vietnam "John
Weiss" <
jrweis...@comcast.net> wrote:
>Yet again you rely on a strawman argument that a right is not a right
>if it is regulated AT ALL...
>
>Well, permits are needed for MANY public assemblies, and business
>licenses are needed for newspapers and publishers. If we use your
>argument, then First Amendment rights are not rights, either...
Such an argument wouldn't be a "strawman"; one "pummels a strawman"
when the person changes your position into something more easily
attacked.
I would suggest that an individual "right", in fact, cannot be
regulated, licensed, or taxed.
For example: you have the right to be a Methodist; you don't need a
permit; if you commit a crime, you still have the right to be a
Methodist.
Further, you have the right to an attorney; you don't need a license;
if you commit a crime, you still have the right to attorney.
Still further, you have the right to free expression, both in writing
and verbal speech; your speech and writing isn't taxed or regulated.
If you're adjudicated legally insane, you still retain the right to
expression.
Now, consider firearms and the right thereto as currently practiced in
the US&A. Let's say that you commit something like mail fraud or
embezzlement... you wouldn't, of course, but go with the hypothetical
situation. By government fiat, you have just lost your "right" ever
to have a gun in your possession for the rest of your life. My point
is that you couldn't be told that you can't be a Methodist because
that's a right, per se. The other point here is that your
hypothetical crime had absolutely nothing to do with guns and the
prohibition wasn't an adjudicated punishment handed down by a jury!
If some mental health worker with nothing more than an associate's
degree in counseling from her local community college refers you to a
shrink, you cannot have a gun. If your ex-wife takes out a
restraining order against you, you cannot have a gun; I could go on
and on.
By the way, the US isn't exactly alone in constitutionally protecting
speech, religion, and the rights of persons accused of crimes. Read
the constitution of any country in Europe and you'll find the same
thing... then, go read the Bolivian constitution and, guess what?
The second amendment was essentially the right of the people to form a
militia in a time before we had a standing army. During the War of
1812, the US militias were so regularly and soundly trounced by
English mercenaries that we decided we needed a standing federal army.
Yes, you *may* have a gun so long as the mental health workers and
your ex-wife agree and you should be able to have a gun; however, in
practice, it's not a *right* anyplace in the world including the US
Jones