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The reason the Left is pushing this 'White Supremacist'
mantra is against the Right is because they are sooo
damned afraid of losing the Black Vote, that they have to Lie..

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Author Topic: The Constitution is a Living Document  (Read 3981 times)
D2D
Republicans believe every day is the fourth of July! Democrats believe every day is April 15!
Sr. Member

Posts: I am a geek!!


« Reply #156 on: 04 28, 16, 11:48:44:PM » Reply

1965hawks says the Second Amendment is the only part of the "Bill of Rights" that doesn't apply to the people!

"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."

It doesn't say the right of the Militia to keep and bear arms shall not be infringed!

It doesn't say the right of the State to keep and bear arms shall not be infringed!
duke_john
Contributor
Sr. Member

Posts: 59627


« Reply #157 on: 04 29, 16, 05:14:14:AM » Reply

It's right there in the Constitution, clearly written.
sweetwater5s9
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Sr. Member

Posts: 99143


« Reply #158 on: 04 29, 16, 07:48:06:AM » Reply

In resolving the arms versus militia issue, language that combined a militia statement with a recognition of an individual right fitted Madison’s objectives perfectly.

p.40] times of war or public danger. [147] The involuntary quartering of soldiers was prohibited in what would become the Third Amendment. [148] Conscientious objection was addressed in an addendum to the militia statement, although that addendum was later removed by the Senate. [149]

Accordingly, Madison was able to resolve five of the arms- and military-related concerns that had been raised by the ratifying conventions.

In 1792, Congress enacted the first (and until 1903, the last) national Militia Act. [157] While this Act required all white males of military age to possess a rifle or musket–or, if enrolled in cavalry or artillery units, pistols and a sword–it did nothing to guarantee uniformity of calibers, fixed no standards of national drill, and failed even to provide a penalty for noncompliance.

The wisdom of Madison’s approach to the resolution of the militia issue was born out by subsequent events. The language relating to the militia, which he chose for inclusion in what became the Constitution’s Second and Fifth Amendments, was specific enough to satisfy both the supporters of the Renaissance militia ideal and the advocates of the Enlightenment theories of liberal democracy. The approach, therefore, resolved most of the concerns that had been raised during the ratification process.


Military Law Review
THE MILITIA AND THE CONSTITUTION: A LEGAL HISTORY
.................................................................................

A
militia
is
distinct

from

regular

military

forces,

which

are

units
of
professional

soldiers

maintained

both
in
war

and

peace
by
the

federal

government.




http://legal-dictionary.thefreedictionary.com/Militia
1965hawks
Sr. Member

Posts: 26544


« Reply #159 on: 04 29, 16, 10:53:14:AM » Reply

At issue in this thread is whether or not the United States Constitution is a living document. In reply #154 I noted how far away from the original issue this debate had strayed also noted that the previous posts submitted by those who believed the Constitution is not a living document had not actually provided evidence to support their argument. So in an attempt to get the discussion back on track in order to discuss the original issue, which is whether or not the Constitution of the United States is a living document, I asked that all those who not believe the Constitution is not a living document to submit a post explaining why they believe the Constitution, however, none of the responses received thus far  have yet to address the original issue.

The first response came from chuck_curtis. His response was mostly concerned with his disagreement with US Supreme Court decisions and his dissatisfaction with the way our federal government operates, however, his disagreement with Supreme Court decisions and the workings the central government does not support an argument that the Constitution isn't a living document.

The response from duke_john simply, says "It's right there." But notice that duke_john did not tell the reader exactly where in the Constitution does it say the Constitution is not a living document.

The issue here is whether or not the Constitution is a living document, but notice how D2D's response is both irrelevant and illogical. The meaning of the Second Amendment is not at issue here. And even if it were, D2D's debunked interpretation of that amendment would have no relevance. But that's beside the point: D2D's red herring doesn't provide evidenct to support the argument that the Constitution is not a living document

And, finally, I'll also remind sweetwater5s9 her long-winded post about the militia was, in essence, the same as D2D's; a red herring.  Posting irrelevant information about the history of the militia in America can hardly be considered evidence to support the claim that the Constitution of the United States of America is not a living document.





 
duke_john
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Posts: 59627


« Reply #160 on: 04 29, 16, 11:18:23:AM » Reply

 
The response from duke_john simply, says "It's right there." But notice that duke_john did not tell the reader exactly where in the Constitution does it say the Constitution is not a living document.

If any more proof of your inability to read was needed, you provided it.

I was agreeing with D2D, who said

"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."

It doesn't say the right of the Militia to keep and bear arms shall not be infringed!

It doesn't say the right of the State to keep and bear arms shall not be infringed!

sweetwater5s9
Contributor
Sr. Member

Posts: 99143


« Reply #161 on: 04 29, 16, 11:39:16:AM » Reply

Yes, you can amend the Constitution and that is the only way it is "living".

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b.

The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. 

Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon similarly witnessed the certification of the 26th Amendment along with three young scholars. On May 18, 1992, the Archivist performed the duties of the certifying official for the first time to recognize the ratification of the 27th Amendment, and the Director of the Federal Register signed the certification as a witness.

https://www.archives.gov/federal-register/constitution/
1965hawks
Sr. Member

Posts: 26544


« Reply #162 on: 04 29, 16, 01:11:20:PM » Reply

sweetwater5s9: Yes. you can amend the Constitution and that is the only way it is "living."

sweetwater5s9,

The fact that the Constitution can be amended is what makes  it a living document.  Duh!

amend: make minor changes in (a text) in order to make it fairer, more accurate, or more up-to-date.

living document (or dynamic document): a document that can be continually edited and updated.

So, therefore. the Constitution of the United States of America is, by definition, a living document.
D2D
Republicans believe every day is the fourth of July! Democrats believe every day is April 15!
Sr. Member

Posts: I am a geek!!


« Reply #163 on: 04 29, 16, 01:48:52:PM » Reply

Then amend it!

Unfortunately for you the American people like their rights and refuse to amend them away!
1965hawks
Sr. Member

Posts: 26544


« Reply #164 on: 04 29, 16, 02:03:02:PM » Reply

D2D: Unfortunately for you[,] the American people like their rights and refuse to amend them away.

D2D, so what does that rigmarole (read, red herring) you posted above mean? Do you or do you not believe the Constitution is a living document; is it or is it not a living document?

The issue here has absolutely nothing to do with what you say I want or what the American people want; at issue here is whether or not the Constitution is or is not a living document. What say you, D2DUUMMY?
sweetwater5s9
Contributor
Sr. Member

Posts: 99143


« Reply #165 on: 04 29, 16, 02:04:41:PM » Reply

((So, therefore. the Constitution of the United States of America is, by definition, a living document.))
 


A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed.
1965hawks
Sr. Member

Posts: 26544


« Reply #166 on: 04 29, 16, 03:44:42:PM » Reply

sweetwter5s9,

What the fuck is your problem? What the fuck are you babbling about?

 The fact that the Constitution can be amended, that it can be continually edited and updated to stay relevant, makes it a living document. If it had remained as originally written, it would not even include the Bill of Rights--the original (first ten amendments. The Constitution would had remained the same as the day it was ratified. Why is that so difficult for you to comprehend? 
D2D
Republicans believe every day is the fourth of July! Democrats believe every day is April 15!
Sr. Member

Posts: I am a geek!!


« Reply #167 on: 04 29, 16, 03:48:45:PM » Reply

1965hawks believes the constitution can be changed simply by court edict!
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