Quote Originally Posted by Nicoli
All laws are flawed and under in certain extraordinary circumstances, fail to be functional. Note that even the laws of physics have a failure point.

In New Orleans, just after Katrina hit, the constitution failed to be functional. The reason for this failure was, in short, extreme environmental conditions, for which constitutional law is not suited.

For the first week after the storm, by allowing people the right to roam the streets with guns the government was complicit in violation of numerous New Orleaninan's 5th amendment rights. Regrettably, in order to rectify the situation, temporary suspension of 2nd amendment rights was necessary.

A good analogy of this situation from the perspective of traditional western legal philosophy would be the drowning boy scenario. [scenario]Boy is drowning in his backyard swimming pool, a person walking by the house can hear lots of commotion and goes to his aid. In doing so the passer by is trespassing(violating the law) in order to serve the greater good of society.[/scenario]
Note that the essence of this argument has been the legal foundation for a number of medical marijuana cases. In the case medical marijuana, someone must break the law in order to serve the greater good of society. In this case that would be the preservation of their good health.

Ultimatly once the crisis passed the 2nd amendment became functional once again, and the rights it entails were reinstated.


oddly enough, no guns were though.