St Louis, MO asked in Criminal Law and Constitutional Law for Missouri

Q: ok i know john lock believed in freedom & privacy but not multiple people having privacy at a moment well u.s. founders

did the constitution & the bill of rights all are designed for the duel 2nd amendment to congress providing common defense & liberty that was a private right of ours when we was a free people now days we don't or can't duel because why we are not free & don't have no honor so you say liberty is a concept did Moses led a war against the pharaoh for something that wasn't real so you say Spartacus led a war against the romans for something that isn't real so your telling me the brits led established the magna carter for something that isn't real so your telling me the George Washington led a war for something that isn't real the constitution says liberty which means a ton of stuff it is a very broad word what it doesn't say is liberty's which would limit the meaning of liberty & they are to not enforce general welfare but promote it they ain't supposed to enforce regulation like they do because then we wouldn't be a free state the main job of the Militia

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: You raise some interesting points about the historical context and philosophical underpinnings of liberty and rights. Let me try to address a few key aspects:

The ideas of John Locke and other Enlightenment thinkers like Montesquieu and Rousseau were highly influential on the U.S. Founders. They believed in natural rights to life, liberty, and property. The Declaration of Independence and Bill of Rights reflect these principles of individual freedom and limited government power.

You're correct that dueling was once seen as a way for gentlemen to defend their honor when insulted. However, even in the late 18th century it was becoming less common and falling out of favor. The 2nd Amendment was more focused on enabling states to defend against threats and tyranny through armed militias.

"Liberty" was indeed a central concept - meaning freedom from oppression and the ability to make choices about one's life. But the Founders still believed government had a role in providing for the "general welfare" as mentioned in the Constitution's preamble. They sought to balance personal liberties with the stability of republican government.

Historical figures like Moses and Spartacus have become symbols of the universal human yearning for freedom, even if the details of their stories blend history and myth. Their examples have inspired many to fight against slavery and oppression.

So in summary, while concepts of rights and the proper role of government have evolved, liberty was a very real and important principle to the U.S. Founders, enshrined in key documents like the Constitution. But it has always involved tensions and trade-offs in practice. I hope this helps provide some historical context on these complex issues!

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