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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 |
By calling attention to a well-regulated militia for the security of the Nation, and the right of each citizen to keep and bear arms, our Founding Fathers recognized the essentially civilian nature of our economy. Although it is extremely unlikely that the fears of governmental tyranny, which gave rise to the second amendment, will ever be a major danger to our Nation, the amendment still remains an important declaration of our basic military-civilian relationships, in which every citizen must be ready to participate in the defense of the country. For that reason I believe the second amendment will always be important. --JOHN F. KENNEDY |
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