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  3. Look, I'm glad we're having a conversation about the hypocrisy of the legal logic used by America's gun nuts.

Look, I'm glad we're having a conversation about the hypocrisy of the legal logic used by America's gun nuts.

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  • dandb@mas.toD dandb@mas.to

    @cjhubbs @SeanCasten Yep! The article is very silly, confused about very obvious things!

    dandb@mas.toD This user is from outside of this forum
    dandb@mas.toD This user is from outside of this forum
    dandb@mas.to
    wrote sidst redigeret af
    #12

    @cjhubbs I wonder if this is more obvious to people outside of the US maybe? Like maybe if I had been raised with this mythic understanding of the US as a level playing field or whatever...

    dziadekmick@mstdn.socialD 1 Reply Last reply
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    • seancasten@mastodon.socialS seancasten@mastodon.social

      Look, I'm glad we're having a conversation about the hypocrisy of the legal logic used by America's gun nuts. But can we stop pretending this is a new thing? They have never advocated for universal access to firearms. They only want their team to be armed. https://www.washingtonpost.com/politics/2026/01/25/alex-pretti-gun-debate-second-amendment/

      timwardcam@c.imT This user is from outside of this forum
      timwardcam@c.imT This user is from outside of this forum
      timwardcam@c.im
      wrote sidst redigeret af
      #13

      @SeanCasten There are other countries, eg the UK, in which immigration raids are met by local protesters.

      And nobody got shot.

      How come? - the police don't have guns, simples.

      1 Reply Last reply
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      • seancasten@mastodon.socialS seancasten@mastodon.social

        I recommend Carol Anderson's book "The Second" if you want to understand this history, and how we got 2A in the first place. It was decidedly NOT about making sure that future Alex Prettis could protect themselves from racist ICE agents who came on a Somali fraud pretext and started killing.

        seancasten@mastodon.socialS This user is from outside of this forum
        seancasten@mastodon.socialS This user is from outside of this forum
        seancasten@mastodon.social
        wrote sidst redigeret af
        #14

        The TL;DR though is in plain text in the Constitution. When 2A referenced a well arm militia you can assume the writers were using that term in the same way they used it in the body of the Constitution, where Congress had the right to summon militias for only 3 reasons:

        seancasten@mastodon.socialS 1 Reply Last reply
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        • seancasten@mastodon.socialS seancasten@mastodon.social

          The TL;DR though is in plain text in the Constitution. When 2A referenced a well arm militia you can assume the writers were using that term in the same way they used it in the body of the Constitution, where Congress had the right to summon militias for only 3 reasons:

          seancasten@mastodon.socialS This user is from outside of this forum
          seancasten@mastodon.socialS This user is from outside of this forum
          seancasten@mastodon.social
          wrote sidst redigeret af
          #15

          1) to enforce the laws of the US; 2) to defend against foreign invasions and 3) to suppress domestic insurrections. The folks who wrote this had direct, recent experience with Shay's Rebellion, the Revolutionary War and lived in constant fear of slave rebellions. 1, 2 and 3 respectively.

          seancasten@mastodon.socialS lawyersgunsnmoney@mstdn.socialL 2 Replies Last reply
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          • seancasten@mastodon.socialS seancasten@mastodon.social

            (As an aside, the fact that these ideas go back to our inception when only 6% of the population could vote, thus sustaining that minority power largely explains why the most democracy-fearing members of the Supreme Court are all "originalists". But I digress.)

            connor@hachyderm.ioC This user is from outside of this forum
            connor@hachyderm.ioC This user is from outside of this forum
            connor@hachyderm.io
            wrote sidst redigeret af
            #16

            @SeanCasten Agree, we’ve never truly had a representative democracy with majority rule. Reform the Senate and expand the House! https://connor.site/2025/representative-democracy-is-worth-fighting-for/

            seancasten@mastodon.socialS 1 Reply Last reply
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            • seancasten@mastodon.socialS seancasten@mastodon.social

              1) to enforce the laws of the US; 2) to defend against foreign invasions and 3) to suppress domestic insurrections. The folks who wrote this had direct, recent experience with Shay's Rebellion, the Revolutionary War and lived in constant fear of slave rebellions. 1, 2 and 3 respectively.

              seancasten@mastodon.socialS This user is from outside of this forum
              seancasten@mastodon.socialS This user is from outside of this forum
              seancasten@mastodon.social
              wrote sidst redigeret af
              #17

              Suffice to say that in the modern world, our nation's gun nuts are really not wild about the US government using a militia to enforce the law (see: Ruby Ridge, Waco, Constitutional Sheriff movement, etc.)

              seancasten@mastodon.socialS 1 Reply Last reply
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              • seancasten@mastodon.socialS seancasten@mastodon.social

                Suffice to say that in the modern world, our nation's gun nuts are really not wild about the US government using a militia to enforce the law (see: Ruby Ridge, Waco, Constitutional Sheriff movement, etc.)

                seancasten@mastodon.socialS This user is from outside of this forum
                seancasten@mastodon.socialS This user is from outside of this forum
                seancasten@mastodon.social
                wrote sidst redigeret af
                #18

                And given the size and power of the US military (esp as compared to our founding era when we neither had a standing army nor the tax system to pay for it) it also doesn't make any sense to suggest Congress might need to call up well regulated militias to defend against foreign invasion.

                seancasten@mastodon.socialS alliflowers@talkedabout.socialA opethminded@mstdn.socialO david_chisnall@infosec.exchangeD asprinkleofsage@mastodon.socialA 5 Replies Last reply
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                • seancasten@mastodon.socialS seancasten@mastodon.social

                  And given the size and power of the US military (esp as compared to our founding era when we neither had a standing army nor the tax system to pay for it) it also doesn't make any sense to suggest Congress might need to call up well regulated militias to defend against foreign invasion.

                  seancasten@mastodon.socialS This user is from outside of this forum
                  seancasten@mastodon.socialS This user is from outside of this forum
                  seancasten@mastodon.social
                  wrote sidst redigeret af
                  #19

                  But the fear of "domestic insurrectionists" from Denmark Vesey to the Black Panthers is still there. And it's not accidental that the Scalia court ruled in Heller that the first 13 words of 2A are "merely prefatory" and no longer apply.

                  seancasten@mastodon.socialS d_a_n_a@mstdn.socialD 2 Replies Last reply
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                  • seancasten@mastodon.socialS seancasten@mastodon.social

                    But the fear of "domestic insurrectionists" from Denmark Vesey to the Black Panthers is still there. And it's not accidental that the Scalia court ruled in Heller that the first 13 words of 2A are "merely prefatory" and no longer apply.

                    seancasten@mastodon.socialS This user is from outside of this forum
                    seancasten@mastodon.socialS This user is from outside of this forum
                    seancasten@mastodon.social
                    wrote sidst redigeret af
                    #20

                    'cause they don't want to be a well regulated militia. They just want the right to kill people who they, in their sole discretion deem to be domestic insurrectionists. Is that what they say? No. But as the old saw goes: watch their feet, not their lips. /fin

                    seancasten@mastodon.socialS 1 Reply Last reply
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                    • connor@hachyderm.ioC connor@hachyderm.io

                      @SeanCasten Agree, we’ve never truly had a representative democracy with majority rule. Reform the Senate and expand the House! https://connor.site/2025/representative-democracy-is-worth-fighting-for/

                      seancasten@mastodon.socialS This user is from outside of this forum
                      seancasten@mastodon.socialS This user is from outside of this forum
                      seancasten@mastodon.social
                      wrote sidst redigeret af
                      #21

                      @connor As a certain MA Senator would say: I've got a plan for that. https://casten.house.gov/media/press-releases/casten-introduces-package-of-legislation-to-reform-american-democracy

                      1 Reply Last reply
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                      • seancasten@mastodon.socialS seancasten@mastodon.social

                        And given the size and power of the US military (esp as compared to our founding era when we neither had a standing army nor the tax system to pay for it) it also doesn't make any sense to suggest Congress might need to call up well regulated militias to defend against foreign invasion.

                        alliflowers@talkedabout.socialA This user is from outside of this forum
                        alliflowers@talkedabout.socialA This user is from outside of this forum
                        alliflowers@talkedabout.social
                        wrote sidst redigeret af
                        #22

                        @SeanCasten Isn't the national guard the well-regulated militia? Cause they were called as much as the "regular" military to fight abroad. Sometimes moreso.

                        deedeeque@techhub.socialD lepidotos@bitbang.socialL 2 Replies Last reply
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                        • seancasten@mastodon.socialS seancasten@mastodon.social

                          And given the size and power of the US military (esp as compared to our founding era when we neither had a standing army nor the tax system to pay for it) it also doesn't make any sense to suggest Congress might need to call up well regulated militias to defend against foreign invasion.

                          opethminded@mstdn.socialO This user is from outside of this forum
                          opethminded@mstdn.socialO This user is from outside of this forum
                          opethminded@mstdn.social
                          wrote sidst redigeret af
                          #23

                          @SeanCasten The well regulated militia is the National Guard, the existence of which is supposed to prevent federal tyranny by avoiding the need for a standing federal army to operate on US soil or operate abroad without a Congressional declaration of war for that matter. Since we have a permanent federal army always operating abroad, we’ve violated this principle since at least WWII and thus haven’t restrained the military industrial complex as Eisenhower warned.

                          https://www.amazon.com/Second-Amendment-Biography-Michael-Waldman/dp/1476747458

                          lepidotos@bitbang.socialL 1 Reply Last reply
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                          • seancasten@mastodon.socialS seancasten@mastodon.social

                            Look, I'm glad we're having a conversation about the hypocrisy of the legal logic used by America's gun nuts. But can we stop pretending this is a new thing? They have never advocated for universal access to firearms. They only want their team to be armed. https://www.washingtonpost.com/politics/2026/01/25/alex-pretti-gun-debate-second-amendment/

                            twotired@universeodon.comT This user is from outside of this forum
                            twotired@universeodon.comT This user is from outside of this forum
                            twotired@universeodon.com
                            wrote sidst redigeret af
                            #24

                            @SeanCasten Just ask Philando Castile.

                            seancasten@mastodon.socialS 1 Reply Last reply
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                            • twotired@universeodon.comT twotired@universeodon.com

                              @SeanCasten Just ask Philando Castile.

                              seancasten@mastodon.socialS This user is from outside of this forum
                              seancasten@mastodon.socialS This user is from outside of this forum
                              seancasten@mastodon.social
                              wrote sidst redigeret af
                              #25

                              @Twotired exactly right

                              1 Reply Last reply
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                              • seancasten@mastodon.socialS seancasten@mastodon.social

                                And given the size and power of the US military (esp as compared to our founding era when we neither had a standing army nor the tax system to pay for it) it also doesn't make any sense to suggest Congress might need to call up well regulated militias to defend against foreign invasion.

                                david_chisnall@infosec.exchangeD This user is from outside of this forum
                                david_chisnall@infosec.exchangeD This user is from outside of this forum
                                david_chisnall@infosec.exchange
                                wrote sidst redigeret af
                                #26

                                @SeanCasten

                                And given the size and power of the US military (esp as compared to our founding era when we neither had a standing army nor the tax system to pay for it)

                                And strong objections to having one at all. Several of the founding fathers wrote on this subject and it was quite controversial when the US eventually did get a standing army. Unfortunately, modern warfare requires sufficient training (and has enough specialised rôles) that a standing army is necessary if you face possible attack from a country that has one.

                                1 Reply Last reply
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                                • alliflowers@talkedabout.socialA alliflowers@talkedabout.social

                                  @SeanCasten Isn't the national guard the well-regulated militia? Cause they were called as much as the "regular" military to fight abroad. Sometimes moreso.

                                  deedeeque@techhub.socialD This user is from outside of this forum
                                  deedeeque@techhub.socialD This user is from outside of this forum
                                  deedeeque@techhub.social
                                  wrote sidst redigeret af
                                  #27

                                  Not necessarily. In Illinois the militia still exists , separate from the guard. It hasn't had an actual, official role or, even people, for probably over a century. Nowadays it is used to grant symbolic status to Civil War re-enactors and living history buffs.

                                  @AlliFlowers @SeanCasten

                                  alliflowers@talkedabout.socialA 1 Reply Last reply
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                                  • seancasten@mastodon.socialS seancasten@mastodon.social

                                    'cause they don't want to be a well regulated militia. They just want the right to kill people who they, in their sole discretion deem to be domestic insurrectionists. Is that what they say? No. But as the old saw goes: watch their feet, not their lips. /fin

                                    seancasten@mastodon.socialS This user is from outside of this forum
                                    seancasten@mastodon.socialS This user is from outside of this forum
                                    seancasten@mastodon.social
                                    wrote sidst redigeret af
                                    #28

                                    Postscript: Here are two people who brought guns to a protest and are not only still alive, but were subsequently invited to speak at the 2020 RNC. The fact that this protest was in support of George Floyd does not imply a contradiction in the gun nut world view.

                                    rememberusalways@newsie.socialR hikergeek@mas.toH maccruiskeen@social.linux.pizzaM stephaniemoore@mastodon.onlineS lawyersgunsnmoney@mstdn.socialL 8 Replies Last reply
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                                    • seancasten@mastodon.socialS seancasten@mastodon.social

                                      Look, I'm glad we're having a conversation about the hypocrisy of the legal logic used by America's gun nuts. But can we stop pretending this is a new thing? They have never advocated for universal access to firearms. They only want their team to be armed. https://www.washingtonpost.com/politics/2026/01/25/alex-pretti-gun-debate-second-amendment/

                                      michaelgemar@mstdn.caM This user is from outside of this forum
                                      michaelgemar@mstdn.caM This user is from outside of this forum
                                      michaelgemar@mstdn.ca
                                      wrote sidst redigeret af
                                      #29

                                      @SeanCasten I don't think that gun folks would generally be happy with a campaign to arm the homeless.

                                      1 Reply Last reply
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                                      • deedeeque@techhub.socialD deedeeque@techhub.social

                                        Not necessarily. In Illinois the militia still exists , separate from the guard. It hasn't had an actual, official role or, even people, for probably over a century. Nowadays it is used to grant symbolic status to Civil War re-enactors and living history buffs.

                                        @AlliFlowers @SeanCasten

                                        alliflowers@talkedabout.socialA This user is from outside of this forum
                                        alliflowers@talkedabout.socialA This user is from outside of this forum
                                        alliflowers@talkedabout.social
                                        wrote sidst redigeret af
                                        #30

                                        @deedeeque We used to have that in Alabama. I was an officer in it for 8 years. We were take too our local e EMA, and and took care of armories when the NG was deployed. The big difference was we couldn't be federalized. @SeanCasten

                                        1 Reply Last reply
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                                        • seancasten@mastodon.socialS seancasten@mastodon.social

                                          To suggest that there is some intellectual inconsistency between an ideology that says it's OK if George Zimmerman and Kyle Rittenhouse shoot people in the street but a capital crime if Alex Pretti is carrying is to assume that their stated policy is their actual logic. It ain't.

                                          jmelesky@tinylad.socialJ This user is from outside of this forum
                                          jmelesky@tinylad.socialJ This user is from outside of this forum
                                          jmelesky@tinylad.social
                                          wrote sidst redigeret af
                                          #31

                                          @SeanCasten@mastodon.social FWIW, I’m not interested in calling the NRA out in their hyprocrisy because I think it will make them uncomfortable, let alone change them. I mean, I hope for at least some discomfort, but it’s not the point.

                                          The point is for all the people who hear their stated policy and believe it to go through that discomfort. Most won’t have a problem, but some will, and that’s fewer people to give them money and fuel their lobbying engine. It’s fewer people that see them as an authority or at all respectable.

                                          Pointing out hypocrisy won’t change the hypocrites, but it can show people who haven’t paid attention who the hypocrites are.

                                          1 Reply Last reply
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