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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 |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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