On Mon, Oct 13, 2003 at 03:20:36PM -0400, Robert J. Spitzer wrote: > In his comments on my 2000 Chicago-Kent Law Review article, Clayton > Cramer is wrong in every instance. See below. > Regards, > Bob Spitzer >
> > > -----Original Message----- > From: Clayton E. Cramer [mailto:[EMAIL PROTECTED] > Sent: Monday, October 13, 2003 1:16 PM > To: [EMAIL PROTECTED] > Subject: Spitzer's article in the Chicago-Kent Law Review > > Spitzer also observes: > > "In short, Levinson offers a bona fide constitutional argument > proposing that vigilantism and citizen violence, including armed > insurrection, against the government are legal, proper, and even > beneficial activities within the Second Amendment umbrella. The idea > that vigilantism and armed insurrection are as constitutionally > sanctioned as voting is a proposition of such absurdity that one is > struck more by its boldness than by its pretensions to > seriousness. Yet it appears repeatedly in the individualist > literature." > > What a concept! Our government was born in revolution--not by > voting. Is anyone surprised that they guaranteed a "right of the > people" to be armed--but didn't even guarantee every free white man > a right to vote? (Look carefully: the Constitution left > qualifications for voting to the states.) > > Spitzer: America was indeed born in revolution; but the modern > Constitution was not written until four years after the formal > conclusion of the war, and the Bill of Rights not added until four > years after that; the Constitution institutionalized the revolution > by calling for political change through peaceful and democratic > means -- elections, juries, (peaceful) petitioning the government > for redress of grievances, etc. As if this weren't obvious enough, > Article I, sec. 8 of the Constitution notes that militias had/have > three stated purposes: "execute the Laws of the Union, SUPPRESS > INSURRECTIONS [emphasis added] and repel Invasions." Any so-called > "right of revolution" occurs outside of the Constitution, not within > it. As to the last sentence: Not so. Amdnts IX and X. -- Charles Curley /"\ ASCII Ribbon Campaign Looking for fine software \ / Respect for open standards and/or writing? X No HTML/RTF in email http://www.charlescurley.com / \ No M$ Word docs in email Key fingerprint = CE5C 6645 A45A 64E4 94C0 809C FFF6 4C48 4ECD DFDB
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