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The
Below Comments Relate to this Newslink:
Licenses to exercise constitutional rights
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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A commenter on a recent thread suggested that, if the government can require licenses or permits to possess a gun — even licenses that are available to all people who have Second Amendment rights — then the government would have a similar power as to other rights, such as the right to speak. Another commenter suggested that the difference in treatment between guns and speech stems simply from an unprincipled gun exception from “ordinary constitutional law.” (I use the term “licenses” and “permits” interchangeably here.)
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| Comment by:
neilevan
(5/16/2015)
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“The Constitution of these United States is the
supreme law of the land. Any law that is repugnant to
the Constitution is null and void of law.” (Marbury vs.
Madison, 5 US 137)
“An unconstitutional act is not law; it confers no
rights; it imposes no duties; affords no protection; it
creates no office; it is, in legal contemplation, as
inoperative as though it had never been passed.”
(Norton v. Shelby County, 118 U.S. 425)
“No state shall convert a liberty into a privilege,
license it, and attach a fee to it.” (Murdock vs.
Pennsylvania, 319 US 105)
“If the state converts a liberty into a privilege, the
citizen can engage in the right with impunity.”
(Shuttlesworth vs. Birmingham, Ala., 373 US 262) |
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| QUOTES
TO REMEMBER |
| Those, who have the command of the arms in a country are masters of the state, and have it in their power to make what revolutions they please. [Thus,] there is no end to observations on the difference between the measures likely to be pursued by a minister backed by a standing army, and those of a court awed by the fear of an armed people. — Aristotle, as quoted by John Trenchard and Water Moyle, An Argument Shewing, That a Standing Army Is Inconsistent with a Free Government, and Absolutely Destructive to the Constitution of the English Monarchy [London, 1697]. |
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