You're right. Screw the constitution. Let's only follow the constitution if and when it suits us.
Can we address the 1st amendment honestly?
The First Amendment protects the right to assemble
peacefully. This right is crucial for democratic participation, allowing individuals to gather for various purposes, including protests, meetings, and demonstrations. The First Amendment states that "Congress shall make no law... 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." This protection ensures that citizens can express their views collectively without government interference.
Historical Context
The right to assemble has roots in English history, evolving from documents like the Magna Carta.
It is seen as essential for a functioning democracy, enabling collective action and advocacy for change.
Legal Interpretations
Courts have recognized this right as fundamental, allowing for peaceful protests and gatherings.
Restrictions can be placed on time, place, and manner, but not on the content of the assembly.
Now if we look at the 2nd
The Second Amendment of the United States Constitution protects the right to keep and bear arms. Ratified in 1791, it was influenced by English common law and the English Bill of Rights of 1689. The amendment has been the subject of extensive legal and political debate, particularly regarding whether it protects an individual's right to possess firearms or if it is tied to militia service.
Key Aspects
Individual Rights vs. Militia: Modern interpretations often focus on whether the Second Amendment guarantees an individual right to own firearms for self-defense or if it is limited to collective rights associated with state militias.
Legal Precedents: Landmark Supreme Court cases, such as District of Columbia v. Heller (2008), affirmed that individuals have the
right to possess firearms for lawful purposes, including
self-defense within the home.
Ongoing Debates: Discussions continue regarding gun control measures and their compatibility with the Second Amendment, reflecting a broader societal debate on public safety versus individual rights.
There is a lot to consider in this situation. The gathering is not a gathering of peaceful redress of grievances with the government nor is it a peaceful assembly. Therefore, since it is not peaceful, as you constitutionalists like to point out, then possession, as affirmed by the Heller case for lawful purposes, would be a threatening act giving law enforcement officials concern for their own safety and safety of the public.
I hear what you are saying and I have no doubt you will come back at this in your typical drama queen style, but this is not a cut and dry case of violation of the constitution if you actually go by what the constitution says.
And FTR I do not like Noems wording either.