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The
Below Comments Relate to this Newslink:
NM: A little legal history on the 2nd Amendment
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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In Cruikshank, the Supreme Court found “The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government.” According to this case, the Second Amendment did not guarantee an individual the right to bear arms. |
| Comment by:
MarkHamTownsend
(5/3/2019)
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Read it again.
Cruickshank said the 2A "does not grant the right," because it DOESN'T.
It PROTECTS A PRE- EXISTING RIGHT.
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| Comment by:
PHORTO
(5/3/2019)
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| I get the impression from the slant of Judge Sedillo's historical analysis that he'd prefer that Heller and McDonald didn't exist. |
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| QUOTES
TO REMEMBER |
| Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States. — Noah Webster in "An Examination into the Leading Principles of the Federal Constitution," 1787, in Paul Ford, ed., Pamphlets on the Constitution of the United States, at p. 56 (New York, 1888). |
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