• can citizens form a militia whose stated purpose is the armed overthrow

    From S K@21:1/5 to All on Wed Aug 31 20:39:15 2022
    Scalia's interpretation of the Second Amendment seems to recognize the right of citizens to militarily overthrow the federal government AT WILL.

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  • From Barry Gold@21:1/5 to S K on Wed Aug 31 22:40:10 2022
    On 8/31/2022 8:39 PM, S K wrote:
    Scalia's interpretation of the Second Amendment seems to recognize the right of citizens to militarily overthrow the federal government AT WILL.

    Well, if you think the Second Amendment arises from the American
    Revolution, then he is right. Or, more accurately, the right of citizens
    to ATTEMPT to militarily overthrow the Federal Government.

    There is no guarantee of success. If the British generals had been more competent, the signers of the declaration would have been hanged as
    traitors and the territory we call the US would have been part of Great
    Britain until somewhere around 1867 (when Canada was granted independence).

    However, some scholars think the Second Amendment was created to protect
    the right of slaveowners to have guns to put down slave revolts, which
    did occur from time to time.

    So it's mostly a question of which historians you believe.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

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  • From Stuart O. Bronstein@21:1/5 to S K on Wed Aug 31 22:32:28 2022
    S K <skpflex1@gmail.com> wrote:

    Scalia's interpretation of the Second Amendment seems to recognize
    the right of citizens to militarily overthrow the federal
    government AT WILL.

    Well, that was sort of the opinion of Thomas Jefferson - that people
    running the government get too comfortable and powerful, and need to be replaced every now and again.


    --
    Stu
    http://DownToEarthLawyer.com

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  • From John Levine@21:1/5 to All on Thu Sep 1 12:10:40 2022
    According to Barry Gold <bgold@labcats.org>:
    However, some scholars think the Second Amendment was created to protect
    the right of slaveowners to have guns to put down slave revolts, which
    did occur from time to time.

    Although a lot of gun absolutists seem not to have read it, the Second Amendment starts:

    A well-regulated Militia, being necessary to the security of a free State, ...

    The bits about well-regulated and the security of the state give us a rather strong hint
    that they weren't thinking about random people doing armed overthrow.

    But I admit that the past decades of 2A court decisions have thoroughly ignored that part.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From Stuart O. Bronstein@21:1/5 to John Levine on Thu Sep 1 20:34:19 2022
    "John Levine" <johnl@taugh.com> wrote:
    According to Barry Gold <bgold@labcats.org>:

    However, some scholars think the Second Amendment was created to
    protect the right of slaveowners to have guns to put down slave
    revolts, which did occur from time to time.

    Although a lot of gun absolutists seem not to have read it, the
    Second Amendment starts:

    A well-regulated Militia, being necessary to the security of a
    free State, ...

    The bits about well-regulated and the security of the state give
    us a rather strong hint that they weren't thinking about random
    people doing armed overthrow.

    But I admit that the past decades of 2A court decisions have
    thoroughly ignored that part.

    At the time it was written, all militia/military members supplied
    their own firearms. So the amendment makes sense in context. But in
    today's world it makes very little sense.


    --
    Stu
    http://DownToEarthLawyer.com

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  • From Barry Gold@21:1/5 to John Levine on Thu Sep 1 20:33:19 2022
    On 9/1/2022 12:10 PM, John Levine wrote:
    According to Barry Gold <bgold@labcats.org>:
    However, some scholars think the Second Amendment was created to protect
    the right of slaveowners to have guns to put down slave revolts, which
    did occur from time to time.

    Although a lot of gun absolutists seem not to have read it, the Second Amendment starts:

    A well-regulated Militia, being necessary to the security of a free State, ...

    The bits about well-regulated and the security of the state give us a rather strong hint
    that they weren't thinking about random people doing armed overthrow.

    But I admit that the past decades of 2A court decisions have thoroughly ignored that part.

    Keep in mind that those "well-regulated militias" (able to shoot
    straight and at least somewhat drilled in fighting as a unit) played a significant role in the success of the American Revolution. And that
    they WERE involved in an "armed overthrow" of the local governments
    instituted by the English crown.
    Frankly, the people involved in the 1/6 riot do not seem to me to be
    "well regulated". Some of them may have been "well-regulated" in the
    sense of being able to hit what they aimed at, but not at all in the
    sense of acting together as a unit. They behaved more like a rioting mob
    than a trained armed force. (Which is a good thing -- if they'd known
    what they were about, they might have succeeded in killing some
    Congresspeople and/or disrupting the electoral vote count for more than
    just a few hours.)

    --
    I do so have a memory. It's backed up on DVD... somewhere...

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  • From micky@21:1/5 to Stuart O. Bronstein on Thu Sep 1 22:23:39 2022
    In misc.legal.moderated, on Thu, 1 Sep 2022 20:34:19 -0700 (PDT),
    "Stuart O. Bronstein" <spamtrap@lexregia.com> wrote:

    "John Levine" <johnl@taugh.com> wrote:
    According to Barry Gold <bgold@labcats.org>:

    However, some scholars think the Second Amendment was created to
    protect the right of slaveowners to have guns to put down slave
    revolts, which did occur from time to time.

    Although a lot of gun absolutists seem not to have read it, the
    Second Amendment starts:

    A well-regulated Militia, being necessary to the security of a
    free State, ...

    The bits about well-regulated and the security of the state give
    us a rather strong hint that they weren't thinking about random
    people doing armed overthrow.

    But I admit that the past decades of 2A court decisions have
    thoroughly ignored that part.

    At the time it was written, all militia/military members supplied
    their own firearms. So the amendment makes sense in context. But in
    today's world it makes very little sense.

    My older brother told me 60 years ago that the courts decide what they
    want to, and then figure out how to explain it. I was 15 and idealistic
    and still am. and it's taken me 60 years to almost agree with him.

    I should let him know that he's almost convinced me.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From Rick@21:1/5 to All on Sat Sep 3 06:46:15 2022
    "Stuart O. Bronstein" wrote in message news:XnsAF0594E2D6B1Espamtraplexregiacom@130.133.4.11...

    "John Levine" <johnl@taugh.com> wrote:
    According to Barry Gold <bgold@labcats.org>:

    However, some scholars think the Second Amendment was created to
    protect the right of slaveowners to have guns to put down slave
    revolts, which did occur from time to time.

    Although a lot of gun absolutists seem not to have read it, the
    Second Amendment starts:

    A well-regulated Militia, being necessary to the security of a
    free State, ...

    The bits about well-regulated and the security of the state give
    us a rather strong hint that they weren't thinking about random
    people doing armed overthrow.

    But I admit that the past decades of 2A court decisions have
    thoroughly ignored that part.

    At the time it was written, all militia/military members supplied
    their own firearms. So the amendment makes sense in context. But in
    today's world it makes very little sense.



    Well that's the reason the Constitution contains a mechanism for making
    changes to the Constitution.

    --

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  • From Stuart O. Bronstein@21:1/5 to micky on Sat Sep 3 06:50:39 2022
    micky <misc07@fmguy.com> wrote:

    My older brother told me 60 years ago that the courts decide what
    they want to, and then figure out how to explain it. I was 15 and
    idealistic and still am. and it's taken me 60 years to almost
    agree with him.

    I should let him know that he's almost convinced me.

    A good judge shouldn't do that, and most don't. But on the Supreme
    Court judges feel more free to do that. Clarence Thomas, for example,
    has made it really clear that he doesn't care at all about precedent
    and he votes in favor of what he thinks should be done and nothing
    else. It seems as if a current majority of the Court also feels that
    way, at least with respect to some things.

    --
    Stu
    http://DownToEarthLawyer.com

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  • From Bernie Cosell@21:1/5 to All on Sat Sep 3 10:52:13 2022
    S K <skpflex1@gmail.com> wrote:

    } Scalia's interpretation of the Second Amendment seems to recognize the right of citizens to militarily overthrow
    .....the federal government AT WILL.

    How does that square with Article 3, Section 3:

    Treason against the United States, shall consist only in levying War
    against them, or in adhering to their Enemies, giving them Aid and Comfort. Does the second amendment overrule Art3Sec3?

    /Bernie\
    --
    Bernie Cosell Fantasy Farm Fibers
    bernie@fantasyfarm.com Pearisburg, VA
    --> Too many people, too few sheep <--

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  • From Stuart O. Bronstein@21:1/5 to Bernie Cosell on Sat Sep 3 13:50:40 2022
    Bernie Cosell <bernie@fantasyfarm.com> wrote:
    S K <skpflex1@gmail.com> wrote:

    } Scalia's interpretation of the Second Amendment seems to
    recognize the right of citizens to militarily overthrow
    .....the federal government AT WILL.

    How does that square with Article 3, Section 3:

    Treason against the United States, shall consist only in levying
    War against them, or in adhering to their Enemies, giving them Aid
    and Comfort. Does the second amendment overrule Art3Sec3?

    Well, it is an amendment, after all, and came after the main part of
    the Constitution. So the amendment would (to the extent applicable)
    would supercede what came before.

    --
    Stu
    http://DownToEarthLawyer.com

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  • From Barry Gold@21:1/5 to Bernie Cosell on Sun Sep 4 07:43:35 2022
    On 9/3/2022 10:52 AM, Bernie Cosell wrote:
    } Scalia's interpretation of the Second Amendment seems to recognize the right of citizens to militarily overthrow
    .....the federal government AT WILL.

    How does that square with Article 3, Section 3:

    Treason against the United States, shall consist only in levying War
    against them, or in adhering to their Enemies, giving them Aid and Comfort. Does the second amendment overrule Art3Sec3?

    You have the right to own (keep) and carry (bear) arms. That does not
    give you the right to kill people or even threaten people with them
    except in self-defense/defense of others.

    Revolution? It works like this. If you're successful, you're a hero. The
    (or a) founder of the country. If you're unsuccessful, you're a traitor:
    that's treason and you get the hot shot or the gallows or whatever.

    The people who signed the Declaration of Independence knew this: That is
    why they pledged "our Lives, our Fortunes and our sacred Honor."

    That is why Benjamin Franklin is believed to have said, "We must all
    hang together, or, most assuredly, we shall all hang separately."
    {The attribution is disputed}

    --
    I do so have a memory. It's backed up on DVD... somewhere...

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  • From Roy@21:1/5 to Barry Gold on Sun Sep 4 10:27:33 2022
    On 9/4/2022 7:43 AM, Barry Gold wrote:
    ...

    Revolution? It works like this. If you're successful, you're a hero. The
    (or a) founder of the country. If you're unsuccessful, you're a traitor: that's treason and you get the hot shot or the gallows or whatever.

    The people who signed the Declaration of Independence knew this: That is
    why they pledged "our Lives, our Fortunes and our sacred Honor."

    That is why Benjamin Franklin is believed to have said, "We must all
    hang together, or, most assuredly, we shall all hang separately."
    {The attribution is disputed}



    “History Is Written by the Victors

    https://slate.com/culture/2019/11/history-is-written-by-the-victors-quote-origin.html

    Excerpt:

    In 1891, Missouri Sen. George Graham Vest, a former congressman for the Confederacy who was still at that late date an advocate for the rights
    of states to secede, used the phrase in a speech, reprinted by the
    Kansas City Gazette and other papers on the next day, Aug. 21, 1891. “In
    all revolutions the vanquished are the ones who are guilty of treason,
    even by the historians,” Vest said, “for history is written by the
    victors and framed according to the prejudices and bias existing on
    their side.”

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  • From micky@21:1/5 to montanawolf@outlook.com on Sun Sep 4 23:28:02 2022
    In misc.legal.moderated, on Sun, 4 Sep 2022 10:27:33 -0700 (PDT), Roy <montanawolf@outlook.com> wrote:

    On 9/4/2022 7:43 AM, Barry Gold wrote:
    ...

    Revolution? It works like this. If you're successful, you're a hero. The
    (or a) founder of the country. If you're unsuccessful, you're a traitor:
    that's treason and you get the hot shot or the gallows or whatever.

    The people who signed the Declaration of Independence knew this: That is
    why they pledged "our Lives, our Fortunes and our sacred Honor."

    That is why Benjamin Franklin is believed to have said, "We must all
    hang together, or, most assuredly, we shall all hang separately."
    {The attribution is disputed}



    History Is Written by the Victors

    https://slate.com/culture/2019/11/history-is-written-by-the-victors-quote-origin.html

    Excerpt:

    In 1891, Missouri Sen. George Graham Vest, a former congressman for the >Confederacy who was still at that late date an advocate for the rights
    of states to secede, used the phrase in a speech, reprinted by the
    Kansas City Gazette and other papers on the next day, Aug. 21, 1891. In
    all revolutions the vanquished are the ones who are guilty of treason,
    even by the historians, Vest said, for history is written by the
    victors and framed according to the prejudices and bias existing on
    their side.

    "Treason is never successful, because if successful, none dare call it treason."

    I forget who said this, but some conservative in the 60's wrote a book
    by the name, _None dare call it treason_

    John A. Stormer. I think I have the paperback book but I've never read
    it.

    And it looks like the original quote is "Treason doth never prosper,
    what's the reason? For if it prosper, none dare call it Treason.
    John Harington "https://www.brainyquote.com/quotes/john_harington_173129 Wikipedia has 10 by that name, all British politicians


    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From Stuart O. Bronstein@21:1/5 to micky on Mon Sep 5 07:40:14 2022
    micky <misc07@fmguy.com> wrote:

    And it looks like the original quote is "Treason doth never
    prosper, what's the reason? For if it prosper, none dare call it
    Treason. John Harington "https://www.brainyquote.com/quotes/john_harington_173129
    Wikipedia has 10 by that name, all British politicians

    I guess treason and revolutions are just different sides of the same
    coin.

    --
    Stu
    http://DownToEarthLawyer.com

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  • From Barry Gold@21:1/5 to micky on Mon Sep 5 21:03:05 2022
    On 9/4/2022 11:28 PM, micky wrote:
    I forget who said this, but some conservative in the 60's wrote a book
    by the name,_None dare call it treason_

    John A. Stormer.

    Have you considered searching? Gold's 8th law: GIYF/WIYF/SIYF. And in
    this case AIYF.

    And, btw, that book was about the "Communist Conspiracy", and presumably
    the reaction to McCarthyism. Some pretty stupid laws got enacted back then.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

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  • From Barry Gold@21:1/5 to Stuart O. Bronstein on Mon Sep 5 21:03:42 2022
    On 9/5/2022 7:40 AM, Stuart O. Bronstein wrote:
    micky<misc07@fmguy.com> wrote:

    And it looks like the original quote is "Treason doth never
    prosper, what's the reason? For if it prosper, none dare call it
    Treason. John Harington
    "https://www.brainyquote.com/quotes/john_harington_173129
    Wikipedia has 10 by that name, all British politicians
    I guess treason and revolutions are just different sides of the same
    coin.

    Sometimes, but not always. An American who took up arms on the German
    side and fired on US troops during WWII would have committed treason,
    but it would not have been revolution.

    And even if the Whiskey Rebellion had been successful, the tax would
    have been repealed (or perhaps joined other unenforced laws), but
    Western Pennsylvania would still have been part of the US. OTOH, if the
    South had won the Civil War, it would have been a revolution, and Lee,
    Davis, etc. would have been "founding fathers" of the CSA.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

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  • From micky@21:1/5 to Gold on Mon Sep 5 23:14:41 2022
    In misc.legal.moderated, on Mon, 5 Sep 2022 21:03:05 -0700 (PDT), Barry
    Gold <bgold@labcats.org> wrote:

    On 9/4/2022 11:28 PM, micky wrote:
    I forget who said this, but some conservative in the 60's wrote a book
    by the name,_None dare call it treason_

    John A. Stormer.

    Have you considered searching?

    Are you kidding? His name was my next line. Maybe your browser only
    shows 3 lines?

    Gold's 8th law: GIYF/WIYF/SIYF. And in
    this case AIYF.

    I don't know what W, S, and A are.

    And, btw, that book was about the "Communist Conspiracy", and presumably
    the reaction to McCarthyism. Some pretty stupid laws got enacted back then.


    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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