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View Full Version : Cohen: We've trampled all over the rest of the BoR, why not the 2nd?




Lucille
07-26-2012, 01:26 PM
The "right" (or "left") hasn't made much of a fuss at all over the other amendments that have taken a beating since 9/11.

Some Constitutional Amendments Are More Equal Than Others (http://www.theatlantic.com/national/archive/2012/07/some-constitutional-amendments-are-more-equal-than-others/260322/)


Since the terror attacks nearly 11 years ago -- a period in which 14 Americans were killed domestically by Islamic extremists and approximately 334,000 Americans were killed domestically by gun violence -- there have been significant changes in the way the Bill of Rights has been interpreted by government. In virtually every one of those instances -- I can't name an exception, can you? -- the guarantees of individual liberty and freedom contained in the first ten amendments to the Constitution have been narrowed or undermined in the name of safety and national security.

From the TSA to drones to warrantless domestic surveillance, from water-boarding to secret prisons to law enforcement officials having access to your online accounts, the Bill of Rights has been winnowed since September 2001 as Americans have consented to re-shift the balance between security and liberty, between safety and privacy. Name a relevant amendment and some expert somewhere will tell you how all three branches of government have sought to expand State power over individual conduct (or even, as we saw in some of the hokier terror conspiracy cases, over individual thought).
[...]The point of this litany? The threat of terrorism since 9/11 has prompted government to dramatically narrow the range of our individual freedoms under the Bill of Rights. But despite the shocking toll of gun violence over the past 11 years, the Second Amendment offers more protection today than it did in September 2001. Surely this contrast, this contradiction, is worthy of being part of the national conversation that is taking place in the wake of the latest mass shooting.

Are Second Amendment rights more precious than Fourth Amendment rights or Fifth Amendment rights? Are they more important than First Amendment rights or Eighth Amendment rights? I'd love the president and Mitt Romney to answer those questions and to explain why the War on Terror seems to have bypassed the Second Amendment even as it has redefined the ways that many other constitutional amendments apply to our lives.

They are all precious, and I did not consent. Cohen and the rest of the gun-grabbing progs should ask themselves if the 2nd is more essential than ever, considering the other assaults on the BoR by the increasingly tyrannical post-9/11 government.

h/t http://reason.com/blog/2012/07/26/obama-still-thinks-the-second-amendment#comments

erowe1
07-26-2012, 01:45 PM
Let not your heart be troubled, Cohen. There are plenty of ways the 2nd Amendment gets violated.

Anti Federalist
07-26-2012, 02:31 PM
Are Second Amendment rights more precious than Fourth Amendment rights or Fifth Amendment rights? Are they more important than First Amendment rights or Eighth Amendment rights? I'd love the president and Mitt Romney to answer those questions and to explain why the War on Terror seems to have bypassed the Second Amendment even as it has redefined the ways that many other constitutional amendments apply to our lives.

Simple answer, no.

And if the damn "progs" and "right wingers" both would stop treating the BoR like a goddamn Chinese menu, picking what they like and leaving the rest, maybe we'd be able to save them.

hazek
07-26-2012, 03:51 PM
It's not a contract because it lacks the elements required for a valid contract and is basically just a PR pamphlet the disobeying of which carries zero consequences..

I too don't see a reason why they wouldn't "trample" on any particular part of it especially since doing so pays oh so well.

Lucille
07-26-2012, 04:02 PM
It's not a contract because it lacks the elements required for a valid contract and is basically just a PR pamphlet the disobeying of which carries zero consequences..

I too don't see a reason why they wouldn't "trample" on any particular part of it especially since doing so pays oh so well.

All true.

http://christopherburg.com/wp-content/uploads/2011/10/spooner-didnt-sign-shit.jpg

http://lysanderspooner.org/node/44

hazek
07-26-2012, 04:06 PM
Precisely.

ZENemy
07-26-2012, 04:08 PM
K, lets trample all over the 16th :)