Well RTM thatās all good and well with there being much less death due to strict gun controls in Germany and might I say much of the British commonwealth now be much the same including more so Australia we had to hand in nearly all our guns after the port Authur massacre. Itās all good and well as long you have good people in government. But what happens when you donāt have a good government ? And you suddenly find that you have a government that chooses to go rogue over the freedoms of the people . Australia has yet to come face to face with that reality. Unlike America that probably has more guns than its actual citizenry to defend themselves against tyrant and foe alike in such a situation. We here are now defenceless against our government should ever such a situation occur. I think Iād rather be in America with the many freedoms that your constitution does afford including the right to bear arms . Yours Prim
Morning. I wanted to thank you for bringing up the Bill of Rights in the Constitution. This is a topic I have always found fascinating. When I was in graduate school, my research was on the Fourth Amendment, and I really enjoyed doing the research and learning how that particular amendment evolved from an idea to a right.
It is important to note that these rights are not absolute. We have freedom of speech, but we can't yell āfireā in a crowded movie theater. We have the right to bear arms, but we cannot buy a missile. We are protected against unreasonable searches, but it does not define what āunreasonableā is and there are so many ways around that (search incident to arrest, the plain view doctrine, the doctrine of inevitable discovery). We canāt be tried twice for the same crime, but we can if there is a mistrial or if it is in different jurisdictions.
The third amendment is a bit odd in modern times, but the Supreme Court has used it to support that the original intent also included the government not intruding into a personās home and private life. āFor example, in the 1965 case Griswold v. Connecticut, the Supreme Court cited the Third Amendment as evidence that the Constitution protects a "zone of privacy" that includes the right of married couples to use birth control.
The Ninth Amendment is interesting, as some people will claim that the right to bear arms is not because of the Second Amendment (since that amendment addressed a āwell-regulated Militia). But, since nothing in the Constitution prohibits a citizen from owning a gun, the Ninth Amendment allows it.
It is interesting that so many of the Amendments focus on protecting someone accused of a crime:
First Amendment: freedom of religion, freedom of speech, freedom of the press, and freedom of assembly
Second Amendment: the right of the people to keep and bear arms
Third Amendment: restricts housing soldiers in private homes
Fourth Amendment: protects against unreasonable search and seizure
Fifth Amendment: protects against self-testimony, being tried twice for the same crime, and the seizure of property under eminent domain
Sixth Amendment: the rights to a speedy trial, trial by jury, and to the services of a lawyer
Seventh Amendment: guarantees trial by jury in cases involving a certain dollar amount
Eighth Amendment: prohibits excessive bail or fines and cruel and unusual punishment for crimes
Ninth Amendment: listing of rights (in the Bill of Rights) does not mean that other rights are not in effect
Tenth Amendment: power not granted to the Federal Government is reserved for states or individual people