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Discussion Thread: Ludin vs Jet57 [W:26, 61]

Who had the strongest debate performance?


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Ironic that you are asking me to stop the crap unless I have facts, yet your arguments are grasping, reaching, at best. In the order of the first set of "facts," it is your interpretation based on how the states wished to limit federal power, that the federal government has no power or perhaps that the federal government should be limited insofar as how the right to bear arms should be regulated. Yes, there is a restriction on federal power to give the states a greater share of the power of the Government and yes, there is a caveat within that restriction. So it might be your opinion that the restriction is limitless, but it's not, just like the government's regulation is not limitless. You appear to be exhibiting some form of arms-bearing zeal which, while admirable, might be cause for your disgrace if it is over done.

The article by William Rawle is useful information that I didn't previously have, but it's only useful for historical purposes. A document from 1829 might be seen as jurisprudence, if it were a court case or perhaps the comment of a judge on a particular case, but this is a compilation of the opinions held by a 19th century attorney of the entire US Constitution. Was he a constitutional scholar? Perhaps. Does his opinion give us an idea of the depth and breadth of the understanding of the Constitution by a legal scholar of that time? Yes. This is an important primary source, but it does not govern how we legislate gun control today.

Ironically, even if one does agree with Mr. Rawle, that does not mean that one should conclude that the militia is self regulated, nor does it stand as evidence to prove that the government, whether it be state or federal, may or may not regulate citizens' lawful right to bear arms.

The fact is, today we have a wider variety of arms available to citizens, which are more readily available and more widely circulated by a more heavily entrenched population of gun owners. The Second Amendment did not give you the right to own an anti-tank rifle for the militia in 1789, and it is questionable whether or not it did in the 40's when the Swedish began producing them. I like to think that it does not now. Gun ownership is largely a function of how much at war society is, and the culture of war, and how closely a country is in contact with other countries who are at war, such as the allies in WW2. In the late 18th century, the US was emerging from a war, and the only people who could abstain from owning a gun were the people who did so for religious reasons. So why is it that we should conclude that anyone can own any gun now, based on that information from two centuries ago? It's a stretch.

The for side mentioned in post #30 that, as gun culture became more prevalent and our nation's leaders became more aware of the situation, they began to call for gun control measures as early as the late 19th century.

The against side argued in post #14, "having requirements in order to buy a gun is not [...] gun control." But this is in fact part of the larger issue. You can attempt to call it "disarming the populace" all you want, that's not what this is about. This is not about taking away guns from people who presently own guns, and no part of the "people have historically owned guns" proves that people should own guns, or that they may now own guns.

you post no facts at all, BECAUSE as i have said, jet cannot claim powers per the 19th century, because the bill of rights, the federalist, and the USSC 1873 has stated, the federal government has no police powers over the people,

so stop kidding yourself.




Federalist 45


The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.

The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
 
you post no facts at all, BECAUSE as i have said, jet cannot claim powers per the 19th century, because the bill of rights, the federalist, and the USSC 1873 has stated, the federal government has no police powers over the people,

so stop kidding yourself.

My comments on the debate are valid, you are sourcing documentation as old as dust in an attempt to legitimize the against side.
 
it denies them from making any law.


Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

in the 19th century the federal government has no police powers over the people per the USSC of 1873, which jet57 says powers of that period do, that claim is wrong!

The Second Amendment does not say that. You are dishonestly using language from one amendment to insert fraudulently into another amendment.

Jet already covered all this.
 
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
So any federal powers which are not principally exercised might include gun control. Ok.

The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
So the state has the power to enact gun control law. Ok.
 
My comments on the debate are valid, you are sourcing documentation as old as dust in an attempt to legitimize the against side.

no iam sourcing what jet57 has said, proving him wrong

1. jet saying the commerce clause grants the federal power to regulate firearms.....false!..... because the clause is interstate commerce, NOT intrastate commerce......meaning they have no power to regulate inside of a state, only AMONG and confirmed by the USSC.

2 . by claiming regulate of the 2nd, allows regulation...false! the preamble of the BOR makes it clear its a restriction, its not a power
 
no iam sourcing what jet57 has said, proving him wrong

1. jet saying the commerce clause grants the federal power to regulate firearms.....false!..... because the clause is interstate commerce, NOT intrastate commerce......meaning they have no power to regulate inside of a state, only AMONG and confirmed by the USSC.
Where are guns manufactured? Are all guns manufactured in all 50 States? What about D.C.? I bet there are some manufacturers in VA, but once you cross the state line, I assume it is subject to the commerce clause.

2 . by claiming regulate of the 2nd, allows regulation...false! the preamble of the BOR makes it clear its a restriction, its not a power
You keep saying this, but the preamble does not say that there are no caveats in the restriction of federal power. Regulation is a caveat.
 
So any federal powers which are not principally exercised might include gun control. Ok.


So the state has the power to enact gun control law. Ok.
in original constitution law, the federal government has no powers per the people personal lives, those are state powers, and people were to be governed by their state constitution.

the bill of rights did not apply to states until the 20th century.

states laws depending on what their state constitution said on firearms, determined the laws of the state on them.
 
Where are guns manufactured? Are all guns manufactured in all 50 States? What about D.C.? I bet there are some manufacturers in VA, but once you cross the state line, I assume it is subject to the commerce clause.


You keep saying this, but the preamble does not say that there are no caveats in the restriction of federal power. Regulation is a caveat.

as hamilton states manufacturing is not commerce.

if the federal government could regulate the sale of peoples goods, it would have control over people, and the federal government is given no such power per the constitution.

the bill of rights is VERY clear, the congress shall make no law....concerning firearms......because they are restricted
 
Hey, I don't make the laws!

Did you think I was going to change it?

The for side provided a great deal of constitutional evidence, some of it from the Bill of Rights.

The point is: if you want to own a gun in the USA, you don't have to be against gun control, you have to be against disarmament. It helps to be specific, especially when you're talking to your legislator.

But, legislation will be passed here and there. Legislators sometimes have a sick sense of humor. How can we ensure the right to own an AR-15 is preserved? Well, I don't think approaching the debate like it's a slippery slope will make the against side appear any less like paranoid gun nuts. Gun ownership is a protected right under the second amendment. However the for side accurately noted that the power to regulate gun ownership as a measure of gun control rests squarely in the set of government powers. Right now is a really bad time to be advocating for ownership of assault rifles, incendiary bombs, and nukes, but one might make the case that a line could be drawn in the sand. Semi automatic owners owning semi automatics? No big deal, if they use them for home defense. Hillary Clinton accusing the entire State of Vermont and it's citizens of funneling arms into New York State? Get out of town.

It's important to protect our rights, but we have reached a point where a few people are abusing them, and putting many more at risk.

as hamilton states manufacturing is not commerce.
Then how would a Soviet anti-tank guided missile end up in the USA? I understand that manufacturing is not commerce, and I get that it doesn't count if the referee doesn't see it. Manufacturing and commerce go hand in hand via trade. That is one of the strengths of the union, and gun ownership is not separate from trade.
 
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Hey, I don't make the laws!

Did you think I was going to change it?

The for side provided a great deal of constitutional evidence, some of it from the Bill of Rights.

The point is: if you want to own a gun in the USA, you don't have to be against gun control, you have to be against disarmament. It helps to be specific, especially when you're talking to your legislator.

But, legislation will be passed here and there. Legislators sometimes have a sick sense of humor. How can we ensure the right to own an AR-15 is preserved? Well, I don't think approaching the debate like it's a slippery slope will make the against side appear any less like paranoid gun nuts. Gun ownership is a protected right under the second amendment. However the for side accurately noted that the power to regulate gun ownership as a measure of gun control rests squarely in the set of government powers. Right now is a really bad time to be advocating for ownership of assault rifles, incendiary bombs, and nukes, but one might make the case that a line could be drawn in the sand. Semi automatic owners owning semi automatics? No big deal, if they use them for home defense. Hillary Clinton accusing the entire State of Vermont and it's citizens of funneling arms into New York State? Get out of town.

It's important to protect our rights, but we have reached a point where a few people are abusing them, and putting many more at risk.

the USSC gave the federal government power to regulate people in the 20th century under FDR, who of course loaded the USSC with his hand picked men to get his way.
 
Moderator's Warning:
As Serenity said in her warning in post #26, this is the place to discuss the debate between jet and ludin, NOT to present your own evidence in regards to the issue that the two of them discussed. There have already been consequences given out. Anyone want more, feel free to identify yourselves.
 
Both had pretty bad performances. Jet performed slightly better in my opinion, yet I vehemently disagree with his views.
 
Jet's argument failed from the very start when he put forth that the 2nd amendment is a power of the government to regulate.

jet57's argument of the 2nd amendment and using the word "regulated" as a government control is....... incorrect.

if one would read the founders,"regulated" means....an organized group of men and not a rabble, added to the FACT that the 2nd amendment is a restriction on federal power, it not a grant of any power what so ever to the federal government, so jet57s argument is dead from the beginning.

you are right-those who claim that the language of the second is designed or intended to empower the federal government demonstrate a lack of understanding of the entire bill of rights Since Jet appeared to do this, his argument fails since it misconstrues the foundation upon which the second amendment was built upon
 
Moderator's Warning:
Thanks everyone for contributing to the discussion! As the thread has been open for over a week the discussion is now concluded. Thanks again to all who have participated.
 
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