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Notes -
First Amending the Constitution we have a process for if an old part of the constitution is that far out of touch with modern society.
A crazy man is NOT what you are afraid of with causing mass casualties. I am thinking about by crazy you mean the street panhandling man with schizophrenia. He’s going to commit enough small crimes to institutionalize him first. By crazy you actually mean high agency but hates people like Osama Bin Laden who can accumulate arms and not commit other crimes. That may not change your argument but it’s still not a crazy person.
Your last paragraphs are not just speech. Paying someone to commit crimes is an act of paying people. They all lead directly to actions that are criminal. There is something going on that is more than just speech but directing physical actions thru speech.
So if you can't prove that an exchange of money has taken place (or it did not yet take place at all), then no amount of evidence implicates a man who said "I will pay you to make X disappear" in the following murder of X?
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