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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 American Colonies were] all democratic governments, where the power is in the hands of the people and where there is not the least difficulty or jealousy about putting arms into the hands of every man in the country. [European countries should not] be ignorant of the strength and the force of such a form of government and how strenuously and almost wonderfully people living under one have sometimes exerted themselves in defence of their rights and liberties and how fatally it has ended with many a man and many a state who have entered into quarrels, wars and contests with them. — George Mason, "Remarks on Annual Elections for the Fairfax Independent Company" in The Papers of George Mason, 1725-1792, ed Robert A. Rutland (Chapel Hill, 1970). |
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