michaeledward said:
1. What would make an association 'unlawful'?
2. Are you proposing that the right of assembly is not an 'inherent' right?
3. Or is the right of assembly waived if those assembling are exercising their individual 'inherent' right to self-defense?
4. What would constitute sufficient 'stability' to restore the right of assembly or association? But, if the right requires stability, doesn't that negate its function as an 'inherent' right.
Curious.
1. Let's see.... an association that exists to support/fund/plan the destruction of the government, a specific race/religion/ethnic group would be 'unlawful' in my mind. Look at the terror cells the 'assembled' to plan the 9/11 attacks. Look at Unit 900 of the KKK from 1981. They killed a black boy to make a point about white superiority, the murderer and accomplices got caught and Unit 900 was sued in civil court by the boy's mother and folded because of the monetary strain....unlawful could be called 'conspiracy.' 'Assembly' isn't just public.
2. The right to 'peaceful public assembly' is a constitutional right in America, but you still have to file for a permit so that your assembly is lawful. The idea that a right is 'inherent' or not is philosophical and supported by our constitution. Other democratic structures might not specify it or apply it the same way. I doubt that a permit would be given to a group of hate based people waving loaded guns around.
3. Self defense, whether individual or group, is a JUSTIFICATION for the use of force as a DEFENSE in the eyes of the law after the fact. That means that after the dust settles, you are going to be held accountable and it will be determined if that 'self defense' is reasonable.
Name me a single example of when a militia, armed and actively engaging in a shooting skirmish has been deemed totally justified in doing so. Even our own American Revolutionary origins can't be totally justified by people as reasonable and acceptable - during the time or after.
4. If your asking me for an absolute 'master definition' of stability that would fit all situations your not going to get one because there isn't one. It would have to depend on the situation at hand. I never said the 'right requires stability' but if the institution of that 'right' is going to create more instibility at a particular point in national development, why would you offer it?
That is like saying that students in a classroom have the 'right to express themselves' and that 'no talking rules' are unfair...well there are times when 'no talking' is right for the moment and is enforced and there are times when it is not right. Or, there are times when telling a student to be quiet when they are 'just expressing themselves' to the point of taking the class off task or out of acceptable language or topics is appropriate because the goal is to accomplish a goal AND maintaining stability is a way of doing that.