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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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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 |
| For, in principle, there is no difference between a law prohibiting the wearing of concealed arms, and a law forbidding the wearing such as are exposed; and if the former be unconstitutional, the latter must be so likewise. But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and immaterial the order of time at which it be done, it is equally forbidden by the constitution. [Bliss vs. Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822) |
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