this post was submitted on 28 Nov 2023
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[–] RaoulDook@lemmy.world 0 points 9 months ago (1 children)

Well actually the Supreme Court had the final say on that already. It doesn't matter what society says, when the gun owners say "no, I'm keeping the guns" and the Supreme Court backs them up then society is shit out of luck on that. All of our military swears an oath to uphold the Constitution, so you're not going to get those guys to take those rights from Americans.

I just wish we had as solid protections on those 4th Amendment rights too. Those are too easy to violate without repercussion. "Persons, papers, and effects" should definitely apply to digital communications in the 21st century.

[–] centof@lemm.ee 2 points 9 months ago (1 children)

Definitely agree, especially that our 4th amendment rights should be stronger. On paper should be little difference between the 2nd and 4th amendments when applied. But because the 2nd amendment has vastly more organized support than the 4th amendment, it is defended while the fourth is forgotten.

It doesn’t matter what society says, when the gun owners say “no, I’m keeping the guns” and the Supreme Court backs them up then society is shit out of luck on that.

It clearly does, since non state-sanctioned people aren't carrying guns in schools and in governmental buildings for the most part. However, there is a difference between what the state says and what society says is acceptable. Usually society just decides to blindly follow what the state decides as if it is infallible. But as you touched on with your gun example people can decide to ignore the state's rules if they decide its in their interests.

All of our military swears an oath to uphold the Constitution, so you’re not going to get those guys to take those rights from Americans.

Umm, I think that's a little far reaching. Remember when the Japanese were put in concentration(internment) camps? Or when Lincoln suspended habeas corpus? People tend to follow authority and if those in authority ignore the constitution so will everyone else. A relevant example is Nazi Germany.

[–] RaoulDook@lemmy.world 0 points 9 months ago (1 children)

Well the Joint Chiefs of the military stood up against President Trump 2 times to support the Rights of Americans during the 2020 bullshit, so you are wrong about the military.

The military defied the president to stand in support of Americans' 1st Amendment rights twice by stating support for BLM protests, and stating support for voting rights in confirming that Biden won the 2020 election.

We have seen this in action already to have historical precedent on the military supporting the Constitutional rights of Americans against domestic enemies (Trump).

[–] centof@lemm.ee 1 points 9 months ago

Sure, the military might sometimes defend the constitution over following orders from a president but it is certainly not guaranteed. In my previous comment, I already listed 2 examples of the military breaching the constitution. They did so at the direction of the the President. So even though they do swear to uphold the constitution, in some cases they will break that oath to follow orders from the president. But that is in general, in the specific case of gun rights I don't see the military taking those rights away anytime soon.