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Comment Re:No. (Score 1) 1633

The rights protected by the 2nd amendment are rights retained by the people and, in my opinion, are not subject to regulation by states under their powers.

In your opinion. I clearly disagree, finding more agreement with Breyer's dissent in McDonald v. Chicago (2010) that incorporation under the 14th was inappropriate because it is not a fundamental, individual right.

The Second is the only Amendment in the Bill of Rights that explicitly explains the intent behind the right enumerated there -- that the ownership of firearms is intended for the establishment of well functioning militias. That means the right is limited and not fundamental, and the government should have a free hand to regulate so long as that purpose is not thwarted. To hold otherwise is to regulate the militia clause meaningless. I do not think any phrase in the Constitution should be treated so.

If you're implying that the 2nd amendment grants a power to the states then I'd like to understand what structure in the Constitution would give you the impression that anything in the Bill of Rights grants any power to a state.

Well, if you're going to completely disregard the Second, then you must at least look to the Tenth, which held that powers not reserved by the federal government belong to the States or to the people. Note that "the States" is capitalized as a formal term in the same way that "State" is in the Second and in the rest of the Constitution. Once again, this points to the explicit, focused intent of the Amendment to address state and local concerns.

Furthermore, its very clear from the rest of the Constitution that the founders intended the States to still have a large role in the life of their citizens. The structure of the Senate is the clearest expression of that intent, giving an entire house of the legislature over to (originally) state-appointed representatives, balanced between the states.

Comment Re:No. (Score 1) 1633

I say that is a completely different topic and I'm not sure why you brought it up other than to try to be a smart-ass. What you mentioned is not undermining the constitution, and as such, is completely off-topic.

Yes, it is. Any misinterpretation of the constitution is an undermining of its intent and effect, regardless of whether that results in a situation you like or not, and the pure individual right interpretation of the Second Amendment undermines states' rights.

A militia was a force of the proletariat. Every man that was able to take up arms was expected to do so. Therefor, the common man was considered militia and did *not* need to join the army nor any other organization to be considered such.

Yes, it was made up of the people, but the whole phrase "well-regulated" is not mere puffery. It means a militia in proper and working order, and it explicitly referenced as "being necessary to the security of a free State." The governments of the states have long been held to have the right to regulate arms within that context, and the federal government has the right to regulate firearms that do not have a purpose in a militia. (See US v. Miller (1939) on regulation of sawed-off shotguns.)

Anything not specifically outlawed by the constitution or the state is defaulted to being a right. Therefor, yes, you would have the right to own a gun even if the 2nd amendment didn't exist.

Unless a state passed a law saying that you didn't, by your own statement.

Comment Re:No. (Score 1) 1633

You want to use the phrase "well-regulated militia" as a way of allowing the national government to regulate firearms.

Actually, I view the Second Amendment as a state's right and support the right of the states to regulate arms, seeing at the concept of a militia is directly tied to the state power and not individual power. If a state wants to ban handguns and keep only a professional militia (e.g. the National Guard), that should be their right.

Comment Re:Militia, then vs now (Score 1) 1633

Larger "ordnance" is not illegal to own or use in the US. One may privately own fighter jets, tanks, cannons, rocket launchers, etc. While there are some restirtions they are hardly banned, and never have been. So what is your point?

Title II weapons are heavily regulated in ways that handguns cannot be, under current standards. The federal government as the power to regulate them -- even the power to outright ban them. The fact that they have not exercised that power is no proof that they don't. Even DC v. Heller (2008), the case that nailed down the notion that firearm ownership was an individual right, upheld the notion that it only applies to certain types of weapons (referring to US v. Miller (1939).

And that's my point. A strict reading of the Second Amendment in no way forbids the government from preventing private citizens from having ordnance. It only guarantees the right to bear arms, not ordnance.

Comment Re:But what is a militia? (Score 1) 1633

All a state would have to do is amend their constitution to proclaim that all their able bodied citizens are members of the state militia for defense of their lives, property, and the state if mustered into action. What can the feds do then?

Not much, if the militia clause is given effect as a state's right instead of an individual one. Then again, there's not much for the citizens to say if a state wanted to define its militia as a purely professional force and outright ban private ownership either under that scenario.

Comment Re:Militia, then vs now (Score 1) 1633

The most literal interpretation of that 2nd amendment means I could possess nuclear weapons, bacterial weapons, chemical weapons, and were I wealthy enough, my own tanks, APCs, fighter jets, bombers, etc.

No, in the 18th century there was already a clear separation between man-portable "arms" and larger "ordnance," and all the examples you mention would definitely qualify as ordnance. You *might* be able to make an argument for chemical & biological weapons, but any sane court would by long precedence consider those to be outside of the realm of what a citizen's militia should possess.

Comment Re:Structure vs Outcome (Score 1) 818

Yep. Intelligent, educated, gainfully-employed people are breeding much less because they cannot afford to do so. So much of their money is being confiscated and given to unintelligent, uneducated, unemployed, unproductive people to breed like bunny rabbits and create an overwhelming population of voters who will keep the power mongers in power.

Comment Happens in hardware, too (Score 1) 226

In a past life, I worked for a company that developed control hardware. I loved designing hardware and software, and I could focus on it. When the time came to build prototypes and manage BOMs and shop vendors for parts and all the niggly crap that surrounds actually building something, there were people who did that.

One day, all of those people were laid off, and we engineers had to start doing all of that work ourselves. Suddenly I was spending 20% of my time doing my job, and 80% on my time doing the jobs of all of the support people who got canned.

I didn't stay too long after that, and neither did any other engineer who was good enough to get a job during a recession.

Comment I mail them a check (Score 1) 386

I send in my pound of flesh yesterday.

Some third party companies accept credit and debit card payments on behalf of the IRS for a fee. I think you can also just put your routing and checking number on your 1040 form and they will debit your payment directly via ACH.

As far as filing, my accountant prepares the 50 or so schedules and forms that I need to send in every year...

Sci-Fi

Ask Slashdot: Are You Apocalypse-Useful? 737

An anonymous reader writes: "Young people, when choosing a profession, are often told to 'do what you love.' That's why we have experts in such abstruse fields as medieval gymel. But let's talk hypotheticals: if there's a worldwide catastrophe in which civilization is interrupted, somebody specializing in gymel wouldn't provide much use to fellow survivors. In a post-apocalypse world, medical doctors would be useful, as would most scientists and engineers. The bad news for Slashdotters is that decades without computers would render computer science and related professions useless. What do you consider to be the most useful and mostly useless post-apocalypse professions? How long would it take for society to rebuild enough for your profession to be useful?"
Earth

Study Rules Out Global Warming Being a Natural Fluctuation With 99% Certainty 869

An anonymous reader writes "A study out of McGill University sought to examine historical temperature data going back 500 years in order to determine the likelihood that global warming was caused by natural fluctuations in the earth's climate. The study concluded there was less than a 1% chance the warming could be attributed to simple fluctuations. 'The climate reconstructions take into account a variety of gauges found in nature, such as tree rings, ice cores, and lake sediments. And the fluctuation-analysis techniques make it possible to understand the temperature variations over wide ranges of time scales. For the industrial era, Lovejoy's analysis uses carbon-dioxide from the burning of fossil fuels as a proxy for all man-made climate influences – a simplification justified by the tight relationship between global economic activity and the emission of greenhouse gases and particulate pollution, he says. ... His study [also] predicts, with 95% confidence, that a doubling of carbon-dioxide levels in the atmosphere would cause the climate to warm by between 2.5 and 4.2 degrees Celsius. That range is more precise than – but in line with — the IPCC's prediction that temperatures would rise by 1.5 to 4.5 degrees Celsius if CO2 concentrations double.'"

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