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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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| There are other things so clearly out of the power of Congress, that the bare recital of them is sufficient, I mean the "...rights of bearing arms for defence, or for killing game..." These things seem to have been inserted among their objections, merely to induce the ignorant to believe that Congress would have a power over such objects and to infer from their being refused a place in the Constitution, their intention to exercise that power to the oppression of the people. —ALEXANDER WHITE (1787) |
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