THE CONSTITUTION IS MORE THAN JUST THE 2ND AMENDMENT. UPDATE, 4/8/2021.

 

In a recent article Titled; "BY DEFINITION: GUN CONTROL, AND THE 2ND AMENDMENT," I began an analysis of the Meaning contained in the TERMINOLOGY used in the 2ND AMENDMENT. To complement that line of reasoning, I have decided to use this post to look at other parts of the BILL OF RIGHTS, and see if that can aid us in properly interpreting the true meaning contained in the 2nd Amendment. 

To do this, we must understand the following: THAT THE BILL OF RIGHTS CONTAINS TWO DIFFERENT CATEGORIES OF RIGHTS THAT WERE CREATED AND DRAFTED BY THE FOUNDING FATHERS, AND INTERPRETED BY SUBSEQUENT JUDICIAL REVIEW AND PRECEDENT.

ABSOLUTE RIGHTS- RIGHTS THAT CAN NEVER BE LOST OR TAKEN AWAY BY THE STATE. (ALTHOUGH THEY MAY BE GIVEN UP VOLUNTARILY.) ALSO, THAT THEY ARE NOT DEPENDENT UPON SPECIFIC EVENTS OR CIRCUMSTANCES.

 

For Example:

   Amendment VI- INCLUDES SEVERAL EXAMPLES OF ABSOLUTE RIGHTS.

  "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."

    

CONTINGENT RIGHTS- RIGHTS EXTENDED TO THE INDIVIDUAL THAT ARE SUBJECT TO POSSIBLE LIMITATION OR TERMINATION DEPENDING ON THE INDIVIDUALS ACTIONS AND/OR INTENT IN CERTAIN SITUATIONS OR SPECIFIC EVENTS. 

    For Example:                                                                                                                        

The First Amendment reads as follows: 

""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."

FROM THE FIRST AMENDMENT, WE FIND THE FOLLOWING CONTINGENT RIGHTS.

FREEDOM OF SPEECH-  DOES NOT ALLOW US TO SAY ANYTHING 

WE WANT, ANYWHERE WE WANT, AT ANY TIME, AND USE "FREEDOM

OF SPEECH" AS A UNIVERSAL DEFENSE TO AVOID SANCTIONS OR 

PUNISHMENTS.

FREEDOM OF RELIGION-  DOES NOT ALLOW POLYGAMY, PHYSICAL

ABUSE, CONSUMPTION OF CERTAIN DRUGS, DISCRIMINATION IN THE

EMPLOYMENT SECTOR...AMONG OTHER THINGS, TO BE COVERED 

BY CONSTITUTIONAL LAW.

FOR OUR PURPOSES, WHEN DISCUSSING THE 2ND AMENDMENT, CONSIDER THE FOLLOWING:

THAT EVEN IF YOU HOLD TO THE OPINION THAT EVERY CITIZEN HAS A "RIGHT" TO OWN OR POSSESS A GUN OR FIREARM, IT DOES NOT FOLLOW THAT THE STATE CANNOT SET GUIDELINES OR RULES TO:

-  RESTRICT THE FIREPOWER OR DESTRUCTIVE POTENTIAL OF EACH FIREARM.

-  SET A MINIMAL STANDARD OF INTELLECTUAL AND/OR

MENTAL COMPETENCE OF THOSE OBTAINING SUCH A WEAPON.

-  MAINTAIN STANDARDS OF MORAL CHARACTER (CRIMINAL) OF THE INDIVIDUAL.

BEFORE THEY ARE ALLOWED TO LEGALLY POSSESS A GUN.

HISTORY HAS SHOWN US THAT UNRESTRICTED SPEECH AND UNINHIBITED RELIGIOUS PRACTICES, IN THE HANDS OF UNSCRUPULOUS AND SELF- CENTERED INDIVIDUALS AND GROUPS, CAN CAUSE SUCH DESTRUCTION THAT IT COULD CONTRIBUTE TO THE DESTRUCTION OF WHOLE SOCIETIES AND CULTURES. THIS IS WHY EVEN OUR MOST REVERED "RIGHTS" MUST BE CAREFULLY EXAMINED FOR POSSIBLE ABUSE.

SO, SHOULD WE CONTINUE TO SUBJECT EVERY AMERICAN TO A LEGAL SYSTEM WHERE "RIGHTS" OF FREE SPEECH AND FREEDOM OF RELIGION ARE MORE RESTRICTIVE THAN THE "RIGHT"  TO POSSESS AN AUTOMATIC WEAPON WITH AN AMMO CLIP THAT COULD KILL SCORES OF PEOPLE IN ONE OR TWO MINUTES?

To find a reasonable solution, or compromise,

we must ask the following questions.

Question #1-  Do we Agree that there are certain Individuals and/or Groups

that SHOULD NOT BE ALLOWED ACCESS TO FIREARMS. If so, who and why?

Question #2-   Have Previous Judicial Decisions and Legislative Actions set

 PRECEDENTS as to what ACTIONS ARE PERMISSIBLE and COVERED BY THE

"BILL OF RIGHTS" SET FORTH IN THE U.S. CONSTITUTION?

WHAT MANY AMERICANS SEEM TO FORGET IS THE FOLLOWING:

YES, IT SEEKS TO PREVENT UNREASONABLE GOVERNMENT

INTRUSION INTO LIVES OF ITS CITIZENS, BUT IT ALSO...

...CREATES GUIDELINES THAT THOSE SAME CITIZENS DO NOT USE

THE "BILL OF RIGHTS" TO ABUSE AND HARM OTHER CITIZENS WITH

UNREASONABLE, MALICIOUS, AND UNJUSTIFIED WORDS AND ACTIONS.

Question #3- CAN ANY PROPOSED LIMITATIONS ON THE 2ND

AMENDMENT BE...

-   ...UNACHIEVABLE, OR WILL NOT

   PRODUCE DESIRABLE RESULTS?

-  ...AN UNREASONABLE BURDEN 

   ON THE LAW ABIDING GUN OWNER?

-  ...A PUNISHMENT ON HONEST GUN OWNERS, INSTEAD OF

   REINFORCING THE RESPONSIBLE DECISIONS THEY

   ALREADY MAKE?

OUR CLIMATE PLAN. MASS. GUBERNATORIAL CAND. BEN DOWNING.

 DAVID,

We have seen and lived the difference state leadership makes. When Massachusetts had great leaders, we launched a clean energy revolution and led the way on tackling climate change. 

But with the Republican Baker administration at the helm, we lost the urgency that fueled our progress. We lost our will to act. And our economy, environment, infrastructure and social safety net are weaker for it.

After a decade in the State House, Ben kept his promise of a self-imposed term limit. He then went on to dedicate himself to addressing climate change and joined a leading renewable energy company in Massachusetts.

Now, Ben is running for Governor of Massachusetts to bring his deep knowledge and experience in renewable energy to our state government. 

That’s why we’re so excited to announce our campaign’s Climate Plan today — the first of many policies we’ll be rolling out in the coming weeks. 

Exactly what’s in Ben’s Climate Plan?

• Massachusetts will commit to meet 100% of electricity demand with clean energy by 2030.
• Massachusetts will commit to meet all non-electricity demand (heating, cooling and transportation) with clean energy by 2040.
• Massachusetts will make a comprehensive climate justice commitment, requiring that 50% of all climate spending directly benefits designated environmental justice communities and reforms proactively address issues of equity, discrimination, and disproportionate harm.
• Every department within the Massachusetts state government will have in its mission to consider and minimize the impact of their operations on climate change.
• Massachusetts will maximize the transition to a clean energy economy to create new industries, companies and jobs and make the investments needed to keep opportunities local and maximize the economic benefit of all climate-related policies.

We are continually listening and taking into account your thoughts and concerns so we can lead with you and all of our communities in mind. Please take a moment to share your thoughts on our Climate Plan:

SHARE YOUR THOUGHTS

Stay tuned for updates and upcoming policy rollouts!

— Team Ben
 

 

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PAID FOR BY THE DOWNING COMMITTEE

March in Review. Patrick Ryan.

 

Hi David, This past month marked one year since the anniversary of the first COVID-19 case in Ulster County on March 8th. What followed that day was a year of challenge and crisis, but it also highlighted our resilience and sense of community. This past month, we made significant progress vaccinating residents, and took action on our Big Five priorities. I wanted to share some updates on this work:   Ramping up vaccine distribution      Ulster County has now vaccinated nearly 70,000 residents with over 38% of the population with at least one vaccine dose! After strongly advocating for a dedicated site here in Ulster County, New York State answered our request and stood up a state-run site at our County Fairgrounds to be more accessible to residents. This site, in addition to our county-led sites, will greatly bolster access to this life-saving vaccine for our residents and will allow us to continue to ramp up our vaccination efforts by being able to administer 2,500 doses a day.   Growing and diversifying the economy   Ulster County is now the first county in the U.S. to undertake a large-scale Universal Basic Income (UBI) pilot program, where we will provide much-needed economic relief directly to families across the count. In a month, the program received over 4,200 applicants. We are looking forward to seeing the impact on the lives of our residents and participating in the national conversation about the importance of creating this policy to help people in need across the country.     As part of our efforts to advance a people-center economy, we also announced a diverse set of plans to reimagine and redevelop the property at the former IBM site in Kingston. The expressions of interest represent a broad range of proposed uses for the former office building and surrounding property and demonstrate immediate opportunity to put the long-dormant site back to productive use, creating jobs and providing local tax revenues.    Advocating for affordable housing    This month, we announced Ulster County’s Housing Action Plan. We need to make sure that our frontline workers who have served our community during this pandemic from our teachers, our nurses and firefighters, restaurant and grocery workers— all the people who have kept us safe, fed, and well— can continue to live in the communities they serve. Housing is an economic development issue, a community health issue, and a moral issue. The report demonstrates that the housing market was in crisis even before the pandemic and carefully examines the data and lays out the steps we need to take to address it.   Ensuring justice for all     At every level of government, we must commit to meaningful, systemic reform and ensure that we provide equal justice for all of our residents. I was proud to sign the final plan from the Ulster County Justice and Reform Commission. The plan includes sections on ending mass incarceration, strengthening oversight and accountability, addressing systemic racial bias, and healing the relationship between the public and the police.

Best,

Paid for by Patrick Ryan for Ulster County.

Matt Gaetz and the Sedition Caucus have to go. SERVE AMERICA.

 

David,

Rep. Matt Gaetz is one of Trump's most loyal supporters and one of the most vocal Republicans in Congress to object to the certification of the 2020 election results.

Without any evidence, he alleged there was widespread fraud in the 2020 elections and helped lay the groundwork for Trump to spread his big lie. His efforts to sow distrust in the election results contributed to the deadly Capitol riot on January 6th.

Matt Gaetz and the Sedition Caucus must be defeated at the ballot box next November. It’s why we sprung into action after January 6th to set up a fund to take on the Sedition Caucus.

Gaetz went as far as to allege that the right-wing mob that attacked the Capitol was actually a vast conspiracy organized by Antifa, and it was reported that one of his staffers cheered on rioters from the Capitol rooftop. Gaetz and his colleagues are doing everything they can to undermine President Biden, slow America’s recovery, spread distrust of the government, and set the stage for Trump’s return in 2024.

It’s time for him to go.

Thanks for anything you can do to help,

Serve America

 

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