The only rights you have are the ones the state feels like giving you in that moment in time
The only rights you have are the ones the state feels like giving you in that moment in time
Captdon (02-02-2019),stjames1_53 (02-02-2019)
For waltky: http://quakes.globalincidentmap.com/
"The Nation that makes a great distinction between its scholars and its warriors will have its thinking done by cowards and its fighting done by fools."
- Thucydides
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote" B. Franklin
Igitur qui desiderat pacem, praeparet bellum
DGUtley (02-02-2019)
Rights don't go away. The State may refuse to recognize them and may try to punish those who exercise them, but the rights still exist. The very foundation of our system of government is the premise that governments cannot grant rights. They can only protect them or infringe on them.
“Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue.” - Barry Goldwater
Captdon (02-02-2019),Peter1469 (02-02-2019),stjames1_53 (02-02-2019)
stjames1_53 (02-02-2019)
For waltky: http://quakes.globalincidentmap.com/
"The Nation that makes a great distinction between its scholars and its warriors will have its thinking done by cowards and its fighting done by fools."
- Thucydides
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote" B. Franklin
Igitur qui desiderat pacem, praeparet bellum
So let's see if I have your question right... Your "friend" in Texas, calls you up says "bring your gun, there are too many illegals invading the country and we have to stop them!". So you bring your gun with the understanding that if Gummit can't protect us from the onslaught, then we have the right to...
Question: are the "illegal invaders", killing and robing and raping the local neighborhood, including your "friends" family or himself? Or are they just trespassing through his yard? If it's choice one, then law enforcement would speedily see to the matter as said acts include capital crimes. If they are just trespassing, then you and your "friend" are trying to use our constitution to enable you to commit murder because of a paranoid delusion.
So, no, the Constitution of the United States will not, by any stretch of the imagination allow you to commit murder to "save the country". Any cheap lawyer can give you that advice.
Last edited by jet57; 02-02-2019 at 06:22 PM.
Peter1469 (02-02-2019)
I'm not an attorney so I can't offer legal advice and granted I'm sort of playing devil's advocate but I'll make some observations.
I'm pretty certain that the framers would have regarded property rights, including the right to protect one's property from trespass, as natural in origin. Delegated to the individual by higher powers (i.e. "nature and nature's God") and beyond the scope of government authority to negate. If the social contract requires the landowner to delegate such a right then an obligation is incurred on government to provide an equivalent right (i.e. to summon law enforcement), lest the original right be destroyed. If government fails to provide law enforcement adequate resources to fulfil that obligation, hence failing in its duty, the social contract is breached. Any social contract theory I'm familiar with would dictate that the original right reverts back to the landowner and they can again delegate that right as they see fit in order to secure their property.
I'm framing it this way because it's very similar to the philosophical justification for the American revolution in the first place. That rabbit hole could go pretty deep. Just saying.
Make Orwell fiction again.
Peter1469 (02-03-2019)