prashantsingh wrote:YogiBear wrote:
IF YOU DON'T LIKE THE US, GO HOME TO WHERE YOU CAME FROM
+ 1. Come home Sanjay Sangohee.
I strongly disagree with the above sentiments! Even though I disagree with his views on gun rights in the USA, he is an American citizen and has as much right to like and dislike whatever he wants as I do -- that kind of freedom is
supposed to be what this country is about.
Generally, I decline from discussing US politics, because I feel it detracts from what we are here for: gun rights in India. However,perhaps a discussion of XL's post can help us define gun rights in India and what they mean.
The US Constitution is the law of the land here. It is not a perfect document, and it is clear that the framers of it didn't think it was, either, or they would not have made provisions for it to be amended.
Nor does it and can it take into account machine guns, atomic weapons, the Internet, and genetic engineering. Rather, I see it as providing a framework to address the point of government, as stated once by Ramachandra Guha: that government exists to settle social conflicts. (Along with this, it also is expected to provide national security, of course.)
I do not view the US Constitution as Sacred Scripture, inviolable and inerrant, in other words. I fact, I would point out that e Constitution itself did not contain the Right to Keep and Bear Arms, nor Free Speech, nor a freedom from a state-sponsored religion. These provisions were added in the first 10 Amendments, which are usually called the Bill of Rights, and there was much disagreement among what are often called "The Founding Fathers" as to what the Bill of Rights should contain or whether there should be any Bill of Rights at all. Indeed, one famous founding father, Alexander Hamilton, wanted no Bill of Rights at all. Instead, he wanted individual rights to be unstated, as they are in English Law.
I take a skeptical view on these arguments that are based on "what the founding fathers thought" or "what the founding fathers intended," since it is very clear that they didn't all agree on anything and it's also clear that we cannot read their minds, so nobody can claim expertise on what they really intended in every instance.
However, if we are to look at intent, let us examine some unpleasant facts:
The US Constitution sanctioned and codified salvery and the ownership of other human beings. Sme of our founding fathers intended and believed in this, and the rest were willing to compromise on it in order to reach an agreement to form the USA.
Thomas Jefferson made the foundational statement of the USA and the basis of its sovereignty among nations when he wrote these words in the Declaration of Independence from the English Crown:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
Let us examine what this Founding Father intended when he wrote these words.
1. He owned slaves, himself, until the day he died.
2. He mated with at least one female slave that he owned.
3. The female slave he mated with was a young teenager. Under today's laws, he could be charged with statutory rape, because the slave girl he mated with would be considered by law to be too you g to make a decision on her own behalf.
4. The child that was conceived by this union was not considered by Jefferson to be worthy of the lofty rights of whichever so eloquently wrote in the Declaration, and this child that he fathered remained his slave -- his property -- for all of his life.
5. This fact was proven scientifically when the white Jefferson decendants denied the African American decendants the right to participate in Jefferson family reunions, and DNA tests were performed to proved that Jefferson had, indeed, fathered a child by his teenaged slave, Sally Hemings. Such evidence would be admissible in a court of law today, just as in any other paternity suit.
Here, I note an odd thing: I have talked to many people about the above facts regarding the man who is, perhaps, the key ideological force behind the USA. Every white person I talk to holds Jefferson to be a great man. Every African American holds him in a negative light. This is not a scientific poll on my part, but it bet it would hold up in an election.
The principle of the "non personhood" of Native Americans and African American slaves is forever enshrined, to our shame, in Article 1 Section 2 of our Constitution:
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
Furthermore, I would also note that the Constituiton and the Bill of Rights, which includes the Freedom of Speech and the Right to Keep and Bear Arms, was only looked at as applying in a federal sense: it did not apply to the States until the 14th Amendment, which granted citizenship to former African American slaves.
So, based on what I've just said and a lot more like it, I am very leery of the commonly made appeal to what the founding fathers wanted and what the founding fathers intended. There are some things that they wanted and intended that I very strongly disagree with and which I'm glad to see abolished!
It is very clear to me that, as a gun owner, I DO NOT favor state's rights, and am happy that the Costitution and the power of the Federal Government to apply the Bill of Rights, including the Right to Keep and Bear Arms, applies to ALL citizens of ALL states, and that no state can take these rights away from me. I fact, a recent Supreme Court ruling made exactly that decision and struck down state restrictions on ngun ownership by law abiding citizens, which is as it should be, and they furthermore confirmed the fact that the 2nd Amendment did guarantee individual, not collective, gun ownership rights.
Now, the question of these rights we hold -- is life, liberty, and the pursuit of happiness really inalienable? No, it is not. He in the USA, we commonly lock people up and deprive them of these rights, so they can be taken away. I fact, a convicted felon cannot vote or own guns.
My personal views of these matters and how they may pertain to RKBA in India are as follows:
In the USA, Free Speech is a universally accepted concept, although some don't like the principle of free speech including the right to burn the US flag or the right of corporations to contribute unlimited amounts of money to a politician's campaign. Sconce free speech is a popular thing, and since many like the idea of freedom of religion. I like to tie those two concepts to RKBA. I like to point out that free speech was a far more successful and dangerous freedom for Hitler than was RKBA (his attempt at revolution failed in Munich). I think that, if people can be trusted with free speech and free religion, they can be trusted with the right to keep and bear arms IN EQUAL MEASURE.
In India, you do not have a 2nd Amendment, but you do have some legal guarantees. I think you must convince people to give their consent -- this is more important than your legal recourses. Even with the 2nd Amerndment here, without the actions of politicians elected to support RKBA and the appointment of judges to uphold it, the laws are nothing more than print on paper.
I think that this means you must convince your neighbors that it is reasonable to own guns, that there is nothing wrong with ownership, and that those of us who own guns are not three headed monsters or wild-eyed fanatics.
I know that it may feel good to pound one's shoe on the table in a social discussion and demand one's gun rights, based on this or that. Generally, it may be best to leave that to the lawyers. I think it is far more important that you convince others that they can feel safe living next door to you, knowing that you own guns. It is far better to convince others that their wives and daughters are safer when they can exercise gun rights than to depend on the police. In other words, I think it is generally best to leave the arguing to the lawyers and politicians. For individuals in our everyday social settings, convincing is more of a win-you-over thing.
Regarding the Indian friends I have here in the USA (which is what I have to go by), some will not touch guns and are totally horrified by the idea of them. Others have varying degrees of opposition, and a few are eager to participate in gun ownership. Many of those in the middle group, I have been able to soften and even get positive reactions from over time. Those who are unalterably opposed (maybe like Mr Sangohee), I leave alone. They will not be convinced in any case, so there is no point in generating more ill will. W do not need uniformity and 100% adherence to our ideas, just a majority!
It is good for XL to bring this up, as it gives us an opportunity to discuss how we can best approach our shared goal. I seriously doubt if anyone has the totally right answers to this problem of how to gain RKBA, whether that person is me, the founding fathers, or anyone else. However, I think that by putting tempers, demands, and strident talk aside, we can turn the public's perception of gun rights around and obtain a more just and free treatment for our position.