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The
Below Comments Relate to this Newslink:
MT: 2nd Amendment restricts government
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Regardless of where one stands on gun control, we should see the prerogative of gun regulation resides in the statehouses, not the White House. The president certainly can use his "bully pulpit" to solicit legislation through the states. But Montana officials should remind the president and Congress the Second Amendment is a stern restriction on them. |
Comment by:
PHORTO
(3/27/2021)
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The writer arrives at the right conclusion, but his analysis is only partially accurate.
He is correct that the 2A was intended for the purpose he indicated. However, that is merely the purpose the right is enshrined in writing. The right and the purpose for its enumeration are two different things. The right exists regardless of its enumeration, and it is fundamental. The enumeration doesn't create the right, which is preexisting. It prohibits any federal infringement*, ostensibly for the reason stated in the amendment's subordinate clause.
*The 14A extends the prohibition to bind the states.
Separating these two issues is paramount to understanding the importance of the right, and its prominent place as an unalienable liberty. |
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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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