Jurisprudence

Re: Thomas meant that...

mrachmuth — Mon, 26 Nov 2007 22:52:32 GMT

Thank you for that response. And, it seems to support that the right to bear arms, as expressed in the Second Amendment, is tied to a "well regulated militia". Again, thank you.

PS

fsilber — Thu, 22 Nov 2007 20:15:06 GMT

The author was U.S. Supreme Court Justice Joseph Story

Re: Thomas meant that...

fsilber — Thu, 22 Nov 2007 20:12:58 GMT

He is not the first Supreme Court Justice to use that term with respect to the 2nd Amendment. Indeed, his statement is probably referring to _Commentaries on the Constitution of the United States_, written in 1833 by an early U.S. Supreme Court Justice (who might well have met several of the Founders). About the Second Amendment he wrote in that book:

"...the importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpation of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and ear arms has justly been considered, as the palladium of the liberties of the republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them."

Thomas meant that...

aeschylus — Wed, 21 Nov 2007 23:16:05 GMT

Just as the Palladium was a sacred object that helped to define the essence of what it meant to be Athenian, he thinks the essence of the second amendment -- that a well-armed citizenry can take up arms against its government, should it become oppressive -- is at the heart of American freedom.

Don't get your panties in a twist over "sacred." For the Ancient Greeks, politics and religion were inextricably comingled.

"Palladium"

mrachmuth — Wed, 21 Nov 2007 22:34:59 GMT

In Greek and Roman mythology, Palladium may also refer to the following:

Palladium (mythology), the use of the term in Greek and Roman mythology

A statue of Pallas erected by Athena

A cult figure of the Greek goddess Athena

Palladium, or variants thereof, may also refer to:

Palladium (band), Alternative Rock band

Palladium, the chemical element

The Hollywood Palladium, a theater on the Sunset Strip that opened in 1940

The London Palladium, a theatre in London owned by Andrew Lloyd-Webber

The Palladium Ballroom, credited as the origin of the mambo craze in the US

Palladium Fantasy Role-Playing Game or Palladium Books, the publishers thereof

Palladian, a style of architecture created by Andrea Palladio

Scotiabank Place, a sports arena in Ottawa, originally named "The Palladium"

Next-Generation Secure Computing Base, a trusted computing initiative began by Microsoft that was codenamed "Palladium"

"Palladium", one of the ISO 4217 currency codes

The Palladium (club), a dance club in New York City popular during the 1980s

The Palladium Niteclub, a night club in Christchurch City from 1986 - 1998

"Palladíum", a song by Weather Report from their 1977 album Heavy Weather

Palladium, a famous nightclub in Acapulco, Mexico

Palladium, a tape music, concrete music, album by Autopsia.

Clarence Thomas, who has written that he would like to restore the Second Amendment as the "the palladium of the liberty of a republic."

So, what is Justice Thomas talking about?