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View Diary: How I learned to stop worrying and love the gun. (106 comments)

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  •  The Constitution (3+ / 0-)

    I agree with your assessment regarding Jefferson.  The Constitution's preamble lays out only very general fundamental concepts - really no specifics.  I cannot figure out how any of them require the government to not assess the dynamics of situations through time and adjust any and all of the guidance provided by the Constitution, even our "rights", as special circumstances warrant.

    Establish Justice
    Insure domestic tranquility
    Promote the general welfare
    even Provide for the common defense

    When any or all of these are infringed upon by someone's rights under an amendment - it is the amendment that needs adjustment - not the overarching ideals that defined the formation of the Republic.

    In my opinion there is a very clear hierarchy in the Constitution.  The amendments are just that - additions - to a basic outline for insuring only those items outlined in the preamble.  Those rights are tools hopefully used for reaching those goals - but they do not supercede those fundamental goals.

    •  Yes, the "least restrictive alternative" is far (2+ / 0-)
      Recommended by:
      tobendaro, zenyata

      more commonly invoked in constitutional interpretation than some "that's a right, keep your hands off" approach.

      And things sometimes even go the other way. Our most cherished right is "The Right to Privacy" and it had to be teased out of giving respect to some other explicitly noted values.

      There can be no protection locally if we're content to ignore the fact that there are no controls globally.

      by oldpotsmuggler on Thu Dec 20, 2012 at 01:47:26 PM PST

      [ Parent ]

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