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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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QUOTES
TO REMEMBER |
"Secrecy is the keystone of all tyranny. Not force, but secrecy ... censorship. When any government, or any church, for that matter, undertakes to say to it's subjects, 'This you may not read, this you must not see, this you are forbidden to know,' the end result is tyranny and oppression, no matter how holy the motives. Mighty little force is needed to control a man whose mind has been hoodwinked; contrariwise, no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." --Robert A. Heinlein, "Revolt in 2100" (Pg. 68-69, Baen Books paperback edition, 1999 printing) |
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