funsec mailing list archives

Re: EU Promotes Continent-Wide Censorship


From: "Stephen John Smoogen" <smooge () gmail com>
Date: Fri, 19 May 2006 17:16:08 -0600

On 5/19/06, Brian Loe <knobdy () gmail com> wrote:

probably be a pretty disappointing result. However, I'd still rather
live here than in England because here I have a basic right to self
defense - and a right to the means to do it - and I don't smoke pot

Actually under current laws, a United States citizen does not have a
basic right to self-defense according to the Federal laws (and most
state laws). The supreme court has ruled in the past with both
conservative and liberal majorities that the rights to self-defense
are limited. These have also been dealt with Congressional laws and
Executive orders (both from conservative and liberal governments). It
seems that while it makes for good politicing in the south to say you
think everyone has a right to bear arms no matter what.. what the
politicians do when they get power is completely different.

Another thing that was pointed out to me from a very
conservative/liberterian lawyer was that in many many rulings/laws/etc
since the time of the founding fathers that the items spelled out in
the Declaration of Independance does not have a 'legal' basis
(especially in any state that did not sign onto it originally). Any
legal basis for it ended after the Articles of Confederation of the
original "United States" fell apart and the Constitution of 1787 was
signed.

The notion of states being 'miniature' countries is also not one held
up much anymore by either many state governments or the federal
government. While it is on paper, and every now and again in supreme
court rulings.. states have become more like 'counties' are in the
individual states than 'countries'. This may change in the future, but
the tendency for each state to taking a backseat to a highly
centralized governemtn seems pretty clear.


--
Stephen J Smoogen.
CSIRT/Linux System Administrator

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