Re: Creation of law from first principles
- From: hrubin@xxxxxxxxxxxxxxx (Herman Rubin)
- Date: Tue, 18 Mar 2008 20:09:29 +0000 (UTC)
In article <8fvvt39gsp12ddhdudj94gu6llnh14c75e@xxxxxxx>,
mm <mm2005@xxxxxxxxxxx> wrote:
I may have used "first principles" in a non-standard manner in my
subject line.
But I wanted to call readers' attention to the Supreme Court hearing
today on DC's gun control law, and to note how** the argument revolves
around what weapons men were expected to bring when they showed up for
militia duty in about 1788. One might ask, What difference does that
make. Then was then and Now is now. Let's pass reasonable laws for
now, and not be hung up on then. That the Bill of Rights was written
in 1788, iirc, and that what they meant then matters to some people,
many people, is silly. Let's do what is right for now. Yet lawyers
for both sides and the several of the SC Justices seem to care very
much.
Yes, get back to first principles. The Constitution was
written so that the current legislature could not impose
what it did not provide. In my opinion, this has been
often violated, and often it is found out that great
damage has been done when this is the case. Some of the
Amendments were not enforced until it was found that
people were improperly imprisoned; trying to punish the
police for misbehavior does not help the one put behind
bars.
If there is enough demand to change the interpretation
from it was in 1788, amend the Constitution. Well
regulated then meant well trained. "Then is then and
now is now" may be a reason to get the supermajority
needed to amend, but it is not a reason to ignore.
Freedom requires eternal vigilance against those who
wish to take away the rights of individuals.
--
This address is for information only. I do not claim that these views
are those of the Statistics Department or of Purdue University.
Herman Rubin, Department of Statistics, Purdue University
hrubin@xxxxxxxxxxxxxxx Phone: (765)494-6054 FAX: (765)494-0558
.
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