Mage246
It's so frustrating trying to debate with people who have so little knowledge and understanding of military matters. Yes, what Jhessail said. Guerrilla warfare doesn't defeat occupations, it just makes occupations more expensive.
Jhessail said:Studies in large-scale catastrophes, whether man-made or natural, have shown that about 10% of humanity are capable of fully functioning in a high-risk, high-stress situation. That means that they can lead others, think clearly, weight possibilities, do a quick risk-analysis, and so on. About a quarter-to-third of humans are capable of rote-action, in that they can (and will) act according to their training, but they are incapable of improvising or of leading others. The rest are sheep - able to follow simple orders but otherwise useless. Proper training can improve this situation, but even in the military, a lot of soldiers freeze when under fire for the first time. And military training is much more exhaustive than any civilian firearms training course. So this idea of arming everyone and expecting them to then operate coolly in a life-threatening situation is a fantasy, nothing more.
Anthropod, you might want to get your historical facts straight before you start lecturing anyone.
No, they aren't, and no, they haven't. They have access to heavy weaponry, that "militia" typically doesn't. And every time they have met NATO forces - especially US forces - in combat, they have withdrawn with casualties. Just as happened to Vietcong. Being lucky and shooting down a transport chopper does not equate victory in combat. Mujahideen had the same problem during the Soviet occupation - whenever they faced Soviet troops, they got their asses kicked, aside from a few well-executed ambushes. Same in Vietnam. Same in Algeria.Al Qaeda is on a par with a "militia" and they have just about defeated the "most powerful military" on the planet.
You need to be able to separate military victory from a political one. That many guerilla/insurgency movements have been victorious, is due to politics, not their military prowess.
Mage246 said:It's so frustrating trying to debate with people who have so little knowledge and understanding of military matters. Yes, what Jhessail said. Guerrilla warfare doesn't defeat occupations, it just makes occupations more expensive.
Austupaio said:I'm sorry, did you just compare Ted Nugent to Algebra?
Austupaio said:I'm sorry, did you just compare Ted Nugent to Algebra?
Mage246 said:Honestly, Anthropoid, you should at least do some basic research as to how militias were structured in the 18th and 19th centuries before you go spouting off ignorantly about what was meant by "militia".
"The Second Amendment, unusually for constitutional provisions, contains a statement of purpose as well as a guarantee of a right to bear arms." 1 This unusual attribute, some argue, is reason for courts to interpret the Second Amendment quite differently than they interpret other constitutional provisions -- perhaps to the point of reading it as having virtually no effect on government action. 2
My modest discovery 3 is that the Second Amendment is actually not unusual at all: Many contemporaneous state constitutional provisions are structured similarly. Rhode Island's 1842 constitution, its first, provides . . . [examples, and reference to large set in appendix] . . .
These provisions, I believe, shed some light on the interpretation of the Second Amendment:
They show that the Second Amendment should be seen as fairly commonplace, rather than strikingly odd.
They rebut the claim that a right expires when courts conclude that the justification given for the right is no longer valid or is no longer served by the right.
They show that operative clauses are often both broader and narrower than their justification clauses, thus casting doubt on the argument that the right exists only when (in the courts' judgment) it furthers the goals identified in the justification clause. 8
They point to how the two clauses might be read together, without disregarding either.
The provisions also suggest two things about interpretation more generally. First, they remind us that the U.S. Constitution is just one of the at least fifty-one American constitutions in force today, and one of the dozens of constitutions that existed during the Framing era. 9 The legal academy's understandable focus on federal matters can blind us to some important details.
Second, these provisions help show the value of testing interpretive proposals against a politically mixed range of texts. On a topic as incendiary as gun control, it's obviously tempting for people to reach an interpretation based largely on their policy desires. If we want to be honest interpreters, a broad set of test cases for our interpretive method is a good tool for checking our political biases . . .
II. A Permanent Right
Some people suggest the justification clause provides a built-in expiration date for the right. So long as a well-regulated militia is necessary to the security of a free state (or so long as the right to keep and bear arms contributes to a well-regulated militia, or so long as the militia is in fact well-regulated), the argument goes, the people have a right to keep and bear arms; but once the circumstances change and the necessity disappears, so does the right. 12
This reading seems at odds with the text: The Amendment doesn't say "so long as a militia is necessary"; it says "being necessary." Such a locution usually means the speaker is giving a justification for his command, not limiting its duration. 13 If anything, it might require the courts to operate on the assumption that a well-regulated militia is necessary to the security of a free state, since that's what the justification clause asserts. 14
But the unsoundness of the "temporary right" reading becomes even starker when one considers the other state constitutional provisions. Consider, for instance, the New Hampshire Venue Article:
In criminal prosecutions, the trial of facts in the vicinity where they happen is so essential to the security of the life, liberty and estate of the citizen, that no crime or offence ought to be tried in any other county than that in which it is committed . . . . 15
Today few believe that the trial of the facts in the vicinity where they happen is essential to life, liberty, and property. Perhaps this was so when most jurors were expected to rely on their personal knowledge about the facts or about the characters of the defendants and the witnesses, when travel was very difficult, or when cultural divides were primarily geographical. 16 Today, though, it's much more common to hear insistence on a trial being moved outside the vicinity where the crime was committed, on the theory that jurors in the area of the crime would be unduly inflamed against the defendant. 17 Even those who support local trials would probably only say that local trials are helpful, not "essential"; and even those who stress the importance of trial by jurors who come from a demographically similar place wouldn't care much about trial in the same county.
We wouldn't, however, interpret the "is so essential" language in the Venue Article as meaning "so long as it is believed by judges to be essential." Bills of Rights are born of mistrust of government: The government is barred from prosecuting cases in another county because of the fear that some future government may not be attentive enough to "the security of the life, liberty, and estate of the citizen." The provision's enactors doubtless contemplated that there'd be disagreement about the value of local trials. 18 It seems most likely that they mentioned the value of local trials in the constitution to show their commitment to this position, 19 not to leave the judiciary -- itself a branch of the government -- carte blanche to conclude otherwise, 20 and thus eliminate the operative clause's check on government power. 21 The trial-in-the-county provision must remain in effect whether or not a judge thinks it still serves the purpose; the provision was enacted by the people, and it's up to the people, not judges, to decide whether it's obsolete. 22
I thought it seemed a little out of character.Splintert said:No, I completely misunderstood the above few posts and made a stupid statement
Anthropoid said:Mage246 said:Honestly, Anthropoid, you should at least do some basic research as to how militias were structured in the 18th and 19th centuries before you go spouting off ignorantly about what was meant by "militia".
Honestly Mage, you should lose the arrogant condescending attitude, as it doesn't actually make you sound any more convincing.
Magorian Aximand said:Anthropoid said:Mage246 said:Honestly, Anthropoid, you should at least do some basic research as to how militias were structured in the 18th and 19th centuries before you go spouting off ignorantly about what was meant by "militia".
Honestly Mage, you should lose the arrogant condescending attitude, as it doesn't actually make you sound any more convincing.
Says the guy tho tried to appeal to his own authority on an irrelevant subject.
Anthropoid said:You seem to know more about Yeager than I do. What official documentation and "failure to perform" are you referring to?
Also, what makes you think that "thorough military training" is either sufficient or necessary to perform effectively in the context of acting as mercenary bodyguards protecting the election commissioners for a former despotic country, performing its first ever elections in the midst of an insurgency, much less necessary for civilians to carry?
My bringing him up was more tongue-in-cheek than anything else, but I am aware that he has an impressive sounding resume, runs a tactical shooting school that is open to civilians and that he is controversial. Can you recommend a better candidate to serve as the program director for our prospective "train and arm the teachers" program?
There are gun clubs throughout the U.S. but shooting at a range is only the first step to being truly ready to operate in a tactical context, and Yeager's program is the only one I'm aware of for civilians.
That says something to me: we as a society are not manifesting the rights which the 2nd Amendment bestowed upon us particularly well. How the hell are we going to form an "effective militia" if only a few percentage of us who are not former military (actually who are not former specops or SWAT to be honest) are really in any position to act as militia!?
National civilian marksmanship program and similar programs aside, Yeager's 'school' is the only service I'm aware of that actually seems to be (a) in any position to actually help citizens live up to their 2nd Amendment rights and (b) seems to be trying to do so.
The only people I've seen call Mag a troll are people that can't handle being called out for their mistakes.Anthropoid said:Says the semi-professional forum troll.
Anthropoid said:Mage246 said:Honestly, Anthropoid, you should at least do some basic research as to how militias were structured in the 18th and 19th centuries before you go spouting off ignorantly about what was meant by "militia".
Honestly Mage, you should lose the arrogant condescending attitude, as it doesn't actually make you sound any more convincing.
And speaking of ignorance, just found this page which might clarify a few things for you and Jhesssail.
In particular
"The Second Amendment, unusually for constitutional provisions, contains a statement of purpose as well as a guarantee of a right to bear arms." 1 This unusual attribute, some argue, is reason for courts to interpret the Second Amendment quite differently than they interpret other constitutional provisions -- perhaps to the point of reading it as having virtually no effect on government action. 2
My modest discovery 3 is that the Second Amendment is actually not unusual at all: Many contemporaneous state constitutional provisions are structured similarly. Rhode Island's 1842 constitution, its first, provides . . . [examples, and reference to large set in appendix] . . .
These provisions, I believe, shed some light on the interpretation of the Second Amendment:
They show that the Second Amendment should be seen as fairly commonplace, rather than strikingly odd.
They rebut the claim that a right expires when courts conclude that the justification given for the right is no longer valid or is no longer served by the right.
They show that operative clauses are often both broader and narrower than their justification clauses, thus casting doubt on the argument that the right exists only when (in the courts' judgment) it furthers the goals identified in the justification clause. 8
They point to how the two clauses might be read together, without disregarding either.
The provisions also suggest two things about interpretation more generally. First, they remind us that the U.S. Constitution is just one of the at least fifty-one American constitutions in force today, and one of the dozens of constitutions that existed during the Framing era. 9 The legal academy's understandable focus on federal matters can blind us to some important details.
Second, these provisions help show the value of testing interpretive proposals against a politically mixed range of texts. On a topic as incendiary as gun control, it's obviously tempting for people to reach an interpretation based largely on their policy desires. If we want to be honest interpreters, a broad set of test cases for our interpretive method is a good tool for checking our political biases . . .
II. A Permanent Right
Some people suggest the justification clause provides a built-in expiration date for the right. So long as a well-regulated militia is necessary to the security of a free state (or so long as the right to keep and bear arms contributes to a well-regulated militia, or so long as the militia is in fact well-regulated), the argument goes, the people have a right to keep and bear arms; but once the circumstances change and the necessity disappears, so does the right. 12
This reading seems at odds with the text: The Amendment doesn't say "so long as a militia is necessary"; it says "being necessary." Such a locution usually means the speaker is giving a justification for his command, not limiting its duration. 13 If anything, it might require the courts to operate on the assumption that a well-regulated militia is necessary to the security of a free state, since that's what the justification clause asserts. 14
But the unsoundness of the "temporary right" reading becomes even starker when one considers the other state constitutional provisions. Consider, for instance, the New Hampshire Venue Article:
In criminal prosecutions, the trial of facts in the vicinity where they happen is so essential to the security of the life, liberty and estate of the citizen, that no crime or offence ought to be tried in any other county than that in which it is committed . . . . 15
Today few believe that the trial of the facts in the vicinity where they happen is essential to life, liberty, and property. Perhaps this was so when most jurors were expected to rely on their personal knowledge about the facts or about the characters of the defendants and the witnesses, when travel was very difficult, or when cultural divides were primarily geographical. 16 Today, though, it's much more common to hear insistence on a trial being moved outside the vicinity where the crime was committed, on the theory that jurors in the area of the crime would be unduly inflamed against the defendant. 17 Even those who support local trials would probably only say that local trials are helpful, not "essential"; and even those who stress the importance of trial by jurors who come from a demographically similar place wouldn't care much about trial in the same county.
We wouldn't, however, interpret the "is so essential" language in the Venue Article as meaning "so long as it is believed by judges to be essential." Bills of Rights are born of mistrust of government: The government is barred from prosecuting cases in another county because of the fear that some future government may not be attentive enough to "the security of the life, liberty, and estate of the citizen." The provision's enactors doubtless contemplated that there'd be disagreement about the value of local trials. 18 It seems most likely that they mentioned the value of local trials in the constitution to show their commitment to this position, 19 not to leave the judiciary -- itself a branch of the government -- carte blanche to conclude otherwise, 20 and thus eliminate the operative clause's check on government power. 21 The trial-in-the-county provision must remain in effect whether or not a judge thinks it still serves the purpose; the provision was enacted by the people, and it's up to the people, not judges, to decide whether it's obsolete. 22
Orion said:**** hit the fan and he didn't react properly or professionally, so people died. It doesn't make him the world's worst anything, or a coward as some armchair generals on the internet like to call him, it just makes him another civilian in a bad spot.
Like I said, he might run a great training program or he might not, I've never attended any so I can't say. What I do know is that some of his advice in his videos goes against what is taught in conceal & carry programs across the nation, and could make a bad situation worse in the civilian world.
As for other instructors, Massad Ayoob, Travis Haley, Chris Costa, to name a few.
The only people I've seen call Mag a troll are people that can't handle being called out for their mistakes.Anthropoid said:Says the semi-professional forum troll.