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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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are 2 comments
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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 |
| The right of the people to keep and bear arms shall not be infringed.' The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right. [Nunn vs. State, 1 Ga. (1 Kel.) 243, at 251 (1846)] |
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