| United States of America |
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United States Constitution |
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| Amendments to the Constitution |
| Bill of Rights I · II · III · IV · V · VI · VII · VIII · IX · X |
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| “ | .A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.^
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| “ | .A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.^
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The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law.^"The people shall have the right to bear arms in defence of themselves and of the lawful authority of the State."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^The Bill of Rights provided that "the subjects which are Protestant may have arms for their defense suitable to their conditions and as allowed by law."
United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]
^[Annotation to Blackstone's discussion of the right to have arms as the fifth and last auxiliary right:] The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence [fn40] suitable to their condition and degree, and such as are allowed by law.
Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]
.Which is also declared by the same statute I W. & M. st.2. c.2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.^Blackstone included among these rights "that of having arms for their defence suitable to their condition and degree, and such as are allowed by law," that made possible "the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression."
Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
^These rights have been justly considered, and frequently declared, by the people of this country to be natural, inherent, and inalienable."
Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
^Certain pollsters who support repressive gun laws claim to have found increased public support for such laws.
Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]
[21]
In England, the people have been disarmed, generally, under the specious pretext of preserving the game: a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes.^In England, the people have been disarmed, generally, under the specious pretext of preserving the game: a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes. True it is, their bill of rights seems at first view to counteract this policy: but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game. So that not one man in five hundred can keep a gun in his house without being subject to a penalty. [Editorial note: I understand that this last sentence is considered by some historians to be an exaggeration.
Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]
^But criticism of a constitutional provision on the basis that it grants people rights that one does not like--though an approach also possessed of a long, if not distinguished, history--is not very persuasive.
THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]
^Men, acting under pretense, bring these gods alive to control WE THE PEOPLE. These men then are the true gods who by force of arms if necessary, keep WE THE PEOPLE in subjection to that which is false!
The Constitution of the United States: A man inspireddocument! 28 January 2010 0:49 UTC www.iahushua.com [Source type: Original source]
.True it is, their bill of rights seems at first view to counteract this policy: but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game.^AMENDMENT II Right to bear arms.
CONSTITUTION OF THE UNITED STATES 28 January 2010 0:49 UTC www.endtimesreport.com [Source type: Original source]
^Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^This is a clear indication that the rights to be protected included the right to keep and bear arms.
Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
.So that not one man in five hundred can keep a gun in his house without being subject to a penalty.^One man with a gun can control 100 without one.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^In England, the people have been disarmed, generally, under the specious pretext of preserving the game: a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes. True it is, their bill of rights seems at first view to counteract this policy: but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game. So that not one man in five hundred can keep a gun in his house without being subject to a penalty. [Editorial note: I understand that this last sentence is considered by some historians to be an exaggeration.
Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]
^Israel’s citizens wouldn’t think of leaving the house without one and you see many citizen guards standing on streets with uzi’s.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
[22]
Instances of the licentious and outrageous behavior of the military conservators of the peace still multiply upon us, some of which are of such nature, and have been carried to such lengths, as must serve fully to evince that a late vote of this town, calling upon its inhabitants to provide themselves with arms for their defense, was a measure as prudent as it was legal: such violences are always to be apprehended from military troops, when quartered in the body of a populous city; but more especially so, when they are led to believe that they are become necessary to awe a spirit of rebellion, injuriously said to be existing therein.^FOR quartering large Bodies of Armed Troops among us: .
FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]
^Fearing the importance of the military and “outrages” over the conditions at the Bastille – where only seven prisoners were held – they became the symbol of authority run amok.
Right Truth: The Basis for a Strong Nation - Defending the United States Constitution 28 January 2010 0:49 UTC righttruth.typepad.com [Source type: General]
^Protected not only by their own concealed weapons (carried legally as "conservators of the peace" in Illinois), their 24/7 armed details, but by immunity from lawsuits when citizens wind up victimized by their actions which only serve to disarm the law abiding citizen, and managed to have “at best, a limited impact” against criminals.
Vox Pop: Repeal the 2nd Amendment 28 January 2010 0:49 UTC newsblogs.chicagotribune.com [Source type: Original source]
It is a natural right which the people have reserved to themselves, confirmed by the Bill of Rights, to keep arms for their own defence; and as Mr. Blackstone observes, it is to be made use of when the sanctions of society and law are found insufficient to restrain the violence of oppression.[35]
[I]f circumstances should at any time oblige the government to form an army of any magnitude[,] that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens.^When the people fear the government, there is tyranny."
Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]
^And it's important that governments at all levels not infringe on those fundamental rights."
Victory in The United States Supreme Court! 28 January 2010 0:49 UTC www.buckeyefirearms.org [Source type: Original source]
^"[I]f circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people while there is a large body of citizens, little if at all inferior to them in discipline and the use of arms, who stand ready to defend their rights and those of their fellow citizens."
Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]
[44][45]
![]() ![]() James Madison (left) is known as the “Father of the Constitution” and "Father of the Bill of Rights"[51] while George Mason (right) with Madison is also known as the “Father of the Bill of Rights”[52]
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![]() ![]() .Patrick Henry (left) believed than a citizenry trained in arms was the only sure guarantor of liberty[53] while Alexander Hamilton (right) believed that transferring control of the militia to the national government was essential to quell domestic insurrection.^
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[54] |
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The Congress shall have power to ...^All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Constitution Of The United States 28 January 2010 0:49 UTC ron.dotson.net [Source type: Original source]THE UNITED STATES CONSTITUTION - We the People 28 January 2010 0:49 UTC constitutionus.com [Source type: Original source]U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]Terrella Media, Inc. » The United States Constitution 28 January 2010 0:49 UTC www.terrella.com [Source type: Original source]The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]Constitution of the united States 28 January 2010 0:49 UTC www.veindoctorny.com [Source type: Original source]FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]Constitution of the United States 28 January 2010 0:49 UTC www.justfacts.com [Source type: Original source]The Constitution of the United States, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]http://www.worldalmanacforkids.com/WAKI-ViewArticle.aspx?pin=x-co205400a&article_id=682&chapter_id=15&chapter_title=United_States&article_title=U.S._Constitution 28 January 2010 0:49 UTC www.worldalmanacforkids.com [Source type: Original source]U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 28 January 2010 0:49 UTC infousa.state.gov [Source type: Original source]CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]U.S. Constitution 28 January 2010 0:49 UTC www.tyranttamer.com [Source type: Original source]The CONSTITUTION OF THE USA and AMENDMENTS -- Read & Know | The Hive 28 January 2010 0:49 UTC thehive.modbee.com [Source type: Original source]CONSTITUTION OF THE UNITED STATES 28 January 2010 0:49 UTC www.endtimesreport.com [Source type: Original source]The United States Constitution 28 January 2010 0:49 UTC www.consource.org [Source type: Original source]
^Section 5- The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Constitution of the united States 28 January 2010 0:49 UTC www.veindoctorny.com [Source type: Original source]
^T he Congress shall have Power to declare the Punishment of Treason , but no Attainder of Treason shall work Corruption of Blood , or Forfeiture except during the Life of the Person attainted .
THE UNITED STATES CONSTITUTION - We the People 28 January 2010 0:49 UTC constitutionus.com [Source type: Original source]
provide for the common defense and general welfare of the United States; ... (12) To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; (13) To provide and maintain a navy; (14) To make rules for the government and regulation of the land and naval forces; (15) To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; (16) To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.
The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.^The arms right provision in both states reads: "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^Indiana : "The people shall have a right to bear arms, for the defense of themselves and the State."
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^Rhode Island: The right of the people to keep and bear arms shall not be infringed (1842).
Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]
[61]
A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms.^The arms right provision in both states reads: "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."
Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]
^We have to take it as a given that a well-regulated militia is necessary to the security of a free state, because that's what the text says.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
[64]
A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.
A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed, but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.^The arms right provision in both states reads: "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."
Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]
^We have to take it as a given that a well-regulated militia is necessary to the security of a free state, because that's what the text says.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
[65]
A well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed.^The arms right provision in both states reads: "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."
Gainesville Target Range - The Second Amendment to the Constitution of the United States 28 January 2010 0:49 UTC www.gainesvilletargetrange.com [Source type: Original source]
^We have to take it as a given that a well-regulated militia is necessary to the security of a free state, because that's what the text says.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
[67]
A well regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed.
A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.^The arms right provision in both states reads: "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^Rhode Island: The right of the people to keep and bear arms shall not be infringed (1842).
Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]
^Just as the Second Amendment declares that "the right of the people to keep and bear Arms[] shall not be infringed," so, too, the fourth Amendment declares: .
The Second Amendment and the Personal Right to Arms 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
[69]
The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject.^Article I Section 3.3 No Person shall be a Senator who shall not have attained to the Age of .
Web Guide to The Constitution of the United States 28 January 2010 0:49 UTC tcnbp.tripod.com [Source type: Original source]
^And the gun itself is subject to speculation by the cop, they have thought that a bright red water pistol was a Browning 9mm and fired upon the person holding the squirt gun.
The US Supreme Court and the Second Amendment [Archive] - SignOnSanDiego Forums 28 January 2010 0:49 UTC forum.signonsandiego.com [Source type: Original source]
^Article I Section 2.2 No Person shall be a Representative who shall not have attained to the .
Web Guide to The Constitution of the United States 28 January 2010 0:49 UTC tcnbp.tripod.com [Source type: Original source]
.The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers.^Commentary: Only the federal government has the power to make treaties or negotiate with foreign countries.
The Constitution of the United States, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]
^To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions: 16.
The Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]
^To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; .
Constitution Of The United States 28 January 2010 0:49 UTC ron.dotson.net [Source type: Original source]U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]National Constitution Center: Text of the Constitution 28 January 2010 0:49 UTC www.constitutioncenter.org [Source type: Original source]FCIC: Constitution of the United States and the Declaration of Independence 28 January 2010 0:49 UTC www.pueblo.gsa.gov [Source type: Original source]The Constitution of the United States, Annotated 28 January 2010 0:49 UTC www.america.gov [Source type: Original source]U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 28 January 2010 0:49 UTC infousa.state.gov [Source type: Original source]CONSTITUTION OF THE UNITED STATES, 28 January 2010 0:49 UTC www.history.com [Source type: Original source]Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]The CONSTITUTION OF THE USA and AMENDMENTS -- Read & Know | The Hive 28 January 2010 0:49 UTC thehive.modbee.com [Source type: Original source]
.It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people.^The Bill of Rights itself is a protection for the people's rights against government intrusion.
2nd Amendment What is the real truth about this amendment? 28 January 2010 0:49 UTC www.savetheguns.com [Source type: Original source]
^This will not only lessen the call for military establishments, but if circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little if at all inferior to them in discipline and the use of arms, who stand ready to defend their rights and those of their fellow citizens.
THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]
^It is much more complicated than that, you see back then people had to hunt turkeys and the government couldn’t afford guns for the army and see then we realized that guns could be used to hurt someone unjustly and that it was easier to do it if they didn’t have guns so we decided to take away everyone’s guns to ensure justice and liberty!
Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment 28 January 2010 0:49 UTC www.infowars.com [Source type: Original source]
.The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.^Doubt that the government is trying and will take away the right of the people to keep and bear arms.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^The right to bear arms .
Artists & Crafters Supply Community 28 January 2010 0:49 UTC etsysupplyshoppe.blogspot.com [Source type: FILTERED WITH BAYES]
^Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
.And yet, though this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations.^What was a well-regulated militia?
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^Article II. A well-regulated militia .
Terrella Media, Inc. » The United States Constitution 28 January 2010 0:49 UTC www.terrella.com [Source type: Original source]
^It would seem to me then that any regulation that pulls the teeth from said militia would then be unconstitutional.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
.How it is practicable to keep the people duly armed without some organization, it is difficult to see.^How it is practicable to keep the people duly armed without some organization, it is difficult to see.
Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]
^Whoever examines the forest, and game laws in the British code, will readily perceive that the right of keeping arms is effectually taken away from the people of England.
Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]
^The arms right provision in both states reads: "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
.There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights.^There was no dissent from this description of the clause.
The Second Amendment and the Personal Right to Arms 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
^There is no precedent for a national referendum.
AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]
^The Bill of Rights was established to protect the individual.
Second And Fourth Amendment Wins | The Barr Code 28 January 2010 0:49 UTC blogs.ajc.com [Source type: General]
[78]
By legal and other channels, the Latin "arma ferre" entered deeply into the European language of war. .Bearing arms is such a synonym for waging war that Shakespeare can call a just war " 'justborne arms" and a civil war "self-borne arms."^We would not be America if there was no right to bear arms and over through a government that is not just.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^Alabama 's guarantee refers to community protection (such as might be provided in militia service) with the phrase "bear arms in defense of...the state."
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^Alabama's guarantee refers to community protection (such as might be provided in militia service) with the phrase "bear arms in defense of...the state."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
.Even outside the special phrase "bear arms," much of the noun's use echoes Latin phrases: to be under arms (sub armis), the call to arms (ad arma), to follow arms (arma sequi), to take arms (arma capere), to lay down arms (arma pœnere).^Again, the phrase "keep and bear arms" is used for more than militia use.
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^The New Hampshire convention, for example, adopted the nine Massachusetts amendments and added three others: one to limit standing armies, a second to ensure an individual right to bear arms, and a third to protect freedom of conscience.
United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]
^Not every thing that may be useful for offense or defense; but what may properly be included or understood under the title of arms, taken in connection with the fact that the citizen is to keep them, as a citizen[146].
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
."Arms" is a profession that one brother chooses the way another choose law or the church.^The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any foreign State.
The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]
^"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."
AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]
^The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state.
The Constitution of the United States 28 January 2010 0:49 UTC www.worldquest.com [Source type: Original source]
An issue undergoes the arbitrament of arms." ... ."One does not bear arms against a rabbit...^Thus, one can bear arms "in defense.
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^"However, the Montana Constitution's Compact Article does not prove that Montana entered the union contingent on the existence of a personal right to keep and bear arms in the U.S. Constitution."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^One of the most important elements of Vermonts right to arms language is the juxtaposition of a right to bear arms with a denunciation of standing armies.
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
[108]
... ."Bear Arms" refers to military service, which is why the plural is used (based on Greek 'hopla pherein' and Latin 'arma ferre') – one does not bear arm, or bear an arm.^Thus, one can bear arms "in defense.
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^"However, the Montana Constitution's Compact Article does not prove that Montana entered the union contingent on the existence of a personal right to keep and bear arms in the U.S. Constitution."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
.The word means, etymologically, 'equipment' (from the root ar-* in verbs like 'ararisko', to fit out).^The problem with the "unorganized" militia argument is it is completely inconsistent with the interpretation that allows you to read the words "well regulated" out of the Amendment, i.e., that regulated means "ordered".
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^You just don't LIKE the idea of gun regulation, so you do cartwheels to read the word out of the document.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
It refers to the 'equipage' of war. .Thus 'bear arms' can be used of naval as well as artillery warfare, since the "profession of arms" refers to all military callings.^Thus, one can bear arms "in defense.
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^Alabama also refers to personal protection: "bear arms in defense of himself."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]Constitution of the United States 28 January 2010 0:49 UTC www.history.com [Source type: Original source]
[109]
That the people have a right to bear arms for the defence of themselves and their own state, or the United States, or for the purpose of killing game; and no law shall be passed for disarming the people or any of them, unless for crimes committed, or real danger of public injury from individuals; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up: and that the military shall be kept under strict subordination to and be governed by the civil powers."^The executive Power shall be vested in a President of the United States of America .
The United States Constitution 28 January 2010 0:49 UTC www.consource.org [Source type: Original source]
^We would not be America if there was no right to bear arms and over through a government that is not just.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^Ohio: "The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
[111]
In late-eighteenth-century parlance, bearing arms was a term of art with an obvious military and legal connotation.^By the middle of the seventeenth century, however, the sovereign jeopardized the individual right to bear arms.
United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]
^Oregon : "The people shall have the right to bear arms for the defence of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^"The protection of the constitution is not limited to militiamen nor military purposes, in terms, but extends to every person to bear arms for the defense of himself as well as of the state."
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
... .As a review of the Library of Congress's data base of congressional proceedings in the revolutionary and early national periods reveals, the thirty uses of 'bear arms' and 'bearing arms' in bills, statutes, and debates of the Continental, Confederation, and United States' Congresses between 1774 and 1821 invariably occur in a context exclusively focused on the army or the militia.^Again, the phrase "keep and bear arms" is used for more than militia use.
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^Constitution of the United States of America, with the amendments thereto: to which are prefixed the Declaration of Independence, the Articles of Confederation, and the Ordinance of 1787; and to which are added the Rules of the Senate, the Joint rules .
Franklin Subject Browse Demo 28 January 2010 0:49 UTC devplw.library.upenn.edu [Source type: Original source]
^The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.” -Samuel Adams, debates & Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
[118]
Searching more comprehensive collections of English language works published before 1820 shows that there are a number of uses that...have nothing to do with military service...[and] The common law was in agreement.^Get used to it there’s more to come!
Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^There will be many issues that have been debated here before, but it will also allow the people to show their will and have the government reflect their desires.
Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]
^We have nothing to fear from the overwhelming majority in the law enforcement and military communities; they are on OUR side, and know where their true allegiance resides.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
.Edward Christian’s edition of Blackstone’s Commentaries that appeared in the 1790’s described the rights of Englishmen (which every American colonist had been promised) in these terms 'everyone is at liberty to keep or carry a gun, if he does not use it for the [unlawful] destruction of game.'^It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^If we simply look at how the same words in the Second Amendment have been used in state constitutions, we find that these words have had a stable, consistent meaning throughout American history.
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^The Court notes that several other federal courts have held that the Second Amendment does not establish an individual right to keep and bear arms, but rather a "collective" right, or a right held by the states.
United States v. Emerson 28 January 2010 0:49 UTC fly.hiwaay.net [Source type: Original source]
.This right was separate from militia duties."^What arms were protected was under debate, but that the right was not limited to militia duty is clear enough.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^Secondly, the right to keep and bear arms was not limited to the context of militia duty.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
[120]
If a well regulated militia be the most natural defence of a free country, it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security....A tolerable expertness in military movements is a business that requires time and practice.^What was a well-regulated militia?
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^After all, a well regulated militia quite plausibly is necessary to the security of a free state.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^The text says that a well regulated militia is necessary for the security of a free state.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
It is not a day, or even a week, that will suffice for the attainment of it. .To oblige the great body of the yeomanry, and of the other classes of the citizens, to be under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia, would be a real grievance to the people, and a serious public inconvenience and loss.^What was a well-regulated militia?
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^If there's any implication of having the militia be 'well regulated" it would not be through the feds.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^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 free State.
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
[45]
[I]n no part of the country except Maine did the African race, in point of fact, participate equally with the whites in the exercise of civil and political rights....More especially, it cannot be believed that the large slaveholding states regarded them as included in the word citizens, or would have consented to a Constitution which might compel them to receive them in that character from another state.^So taxes on inheritances, which the Supreme Court held to be by permission of law contrary to the decisions of supreme courts of several States, may be graduated according to the size of the estate one receives upon the death of another, and the one inheriting a large estate cannot complain that the scale of rates applied in his case is higher than that used for a smaller inheritance.
The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]
^Similarly, Senator Stewart repeated that the federal Constitution is "the vital, sovereign, and controlling part of the fundamental law of every State," and although the states may repeat parts of it in their own bills of rights, "no State can adopt anything in a State constitution in conflict."
Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
^This view, unlike the states' right view, is consistent with both the text of the Second Amendment and the interpretive approach taken with regard to the rest of the Constitution.
THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]
.For if they were so received, and entitled to the privileges and immunities of citizens, it ....^The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]The United States Constitution 28 January 2010 0:49 UTC www.consource.org [Source type: Original source]
^Bingham averred that the amendment would protect "the privileges and immunities of all the citizens of the Republic and the inborn rights of every person within its jurisdiction."
Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
^It declared that any person "who shall subject or cause to be subjected a citizen of the United States to the deprivation of any privilege or immunity in any State to which such citizen is entitled under the Constitution and laws of the United States" shall have an action for damages, and that such conduct would be a misdemeanor [16] (emphasis added).
Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
would give to persons of the .Negro race, who were recognized as citizens in any one State of the Union, the right to ...^One can imagine a Bill of Rights in a federal constitution securing a right of states; but the federal Bill of Rights wouldn't secure or assert rights of the federal government (as opposed to against the federal government), and a state Bill of Rights wouldn't secure or assert rights of the state government.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."
AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]
^"No discrimination shall be made by any state, nor by the United States, as to the civil rights of persons because of race, color, or previous condition of servitude."
Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
keep and carry arms wherever they went.[125]
The fourteenth amendment prohibits a State from depriving any person of life, liberty, or property, without due process of law; but this adds nothing to the rights of one citizen as against another.^Rights to Life, Liberty, and Property, 462 .
CourseSmart - 0132410001 - Government by the People, National Version, Twenty Second Edition 28 January 2010 0:49 UTC www.coursesmart.com [Source type: Original source]
^This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]
^In the Fifth Amendment the Nation is forbidden 151 to deprive any one "of life, liberty or property without due process of law" ; and here the like command is issued by the people to the State.
The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 28 January 2010 0:49 UTC www.barefootsworld.net [Source type: Original source]
[127]
With respect to Cruikshank's continuing validity on incorporation, a question not presented by this case, we note that Cruikshank also said that the first amendment did not apply against the states and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases.^This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]
^The first involves the presentation of an amendment by Congress to the states for ratification.
Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]
^But the case did not answer the question of whether this right is “incorporated” in the Fourteenth Amendment and made applicable to states.
Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
Our later decisions in Presser v. .Illinois, 116 U.S. 252, 265 (1886) and Miller v.^Illinois , 116 U.S. 252, 264-66 (1886).
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^Illinois , 116 U.S. 252 (1886).
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
.Texas, 153 U.S. 535, 538 (1894), reaffirmed that the Second Amendment applies only to the Federal Government.^Second Amendment does not apply.
Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]
^Does the Second Amendment apply to state and local governments?
Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]
^By its terms, the First Amendment applies only to the federal government.
AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]
[129]
“The law is perfectly well settled that the first ten amendments to the Constitution, commonly known as the "Bill of Rights," were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors, and which had, from time immemorial, been subject to certain well recognized exceptions arising from the necessities of the case.^As before the new bill recognized "the constitutional right to bear arms."
Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
^First, we hardly have too few constitutional amendments.
Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]
^The first ten amendments comprise the Bill of Rights.
U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]
.In incorporating these principles into the fundamental law, there was no intention of disregarding the exceptions, which continued to be recognized as if they had been formally expressed.^Notwithstanding this we know that State laws exist, and some of them of very recent enactment, in direct violation of these principles.
Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
^Representative Thayer stated that the proposed amendment "simply brings into the Constitution what is found in the bill of rights of every State," and that "it is but incorporating in the Constitution of the United States the principle of the civil rights bill which has lately become a law."
Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
^All these rights are established by the fundamental law.
Intent of the Fourteenth Amendment was to Protect All Rights 28 January 2010 0:49 UTC www.constitution.org [Source type: Original source]
.Thus, the freedom of speech and of the press (Art.^Unamused: Richard Bellamy: State constitutions also specify things like freedom of speech and of the press.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^Richard Bellamy ( mail ): State constitutions also specify things like freedom of speech and of the press.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
.I) does not permit the publication of libels, blasphemous or indecent articles, or other publications injurious to public morals or private reputation; the right of the people to keep and bear arms (Art.^Doubt that the government is trying and will take away the right of the people to keep and bear arms.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^The right of the people to keep and bear arms shall not be infringed;...
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
.II) is not infringed by laws prohibiting the carrying of concealed weapons;..."^What's the deal with conceal carry laws as it pertains to college campuses?
Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]
^Campus Conceal Carry Laws.
Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]
^In truth, concealed carry permit holders are much more law-abiding than the Texas population as a whole.
Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]
[134]
Jack Miller and Frank Layton "did unlawfully...transport in interstate commerce from...Claremore...Oklahoma to...Siloam Springs...Arkansas a certain firearm...a double barrel...shotgun having a barrel less than 18 inches in length...at the time of so transporting said firearm in interstate commerce...not having registered said firearm as required by Section 1132d of Title 26, United States Code, ...and not having in their possession a stamp-affixed written order...as provided by Section 1132C..."^Interstate commerce covers all movement of people and things across state lines, and every form of communication and transportation.
U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]
^The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^The 3rd state , Ratified Constitution of the United States, 18 December 1787 .
Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]
[137]
The National Firearms Act is not a revenue measure but an attempt to usurp police power reserved to the States, and is therefore unconstitutional.^The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
U.S. Constitution and Amendments thereto 28 January 2010 0:49 UTC www.omnifarious.org [Source type: Original source]
^The establishment of a national bank - free of state taxation or regulation - was thus within the Necessary and Proper powers of the federal government.
AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]
^The Freedmen's Bureau Act of 1866 (surely not intended by Congress to preserve states' powers to maintain their own armed military forces!
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
Also, it offends the inhibition of the Second Amendment to the Constitution, U.S.C.A. - '.A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.^The arms right provision in both states reads: "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
The Second Amendment and the United States of America. 28 January 2010 0:49 UTC thetruthnews.info [Source type: Original source]
^Indiana : "The people shall have a right to bear arms, for the defense of themselves and the State."
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^Rhode Island: The right of the people to keep and bear arms shall not be infringed (1842).
Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 28 January 2010 0:49 UTC www.law.ucla.edu [Source type: Original source]
[138]
Considering Sonzinsky v. .United States (1937), 300 U. S. 506, 300 U. S. 513, and what was ruled in sundry causes arising under the Harrison Narcotic Act -- United States v.^All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]
^Enabling Act (of the Congress of the United States) : 15 June 1836 [ 5 Stat.
Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]
^To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; .
U.S. Senate: Reference Home > Constitution of the United States 28 January 2010 0:49 UTC www.senate.gov [Source type: Original source]
Jin Fuey Moy (1916), 241 U. S. 394, United States v. Doremus (1919), 249 U. S. 86, 249 U. S. 94; Linder v. United States (1925), 268 U. S. 5; Alston v. United States (1927), 274 U. S. 289; Nigro v. .United States (1928), 276 U. S. 332 -- the objection that the Act usurps police power reserved to the States is plainly untenable.^The Governor argues that this interpretation of the Militia Clauses has the practical effect of nullifying an important state power that is expressly reserved in the Constitution.
THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]
^Enabling Act (of the Congress of the United States) : 15 June 1836 [ 5 Stat.
Constitutions of the Several states 28 January 2010 0:49 UTC www.thegreenpapers.com [Source type: Original source]
^The power of the federal government was to be limited and enumerated, with all remaining powers reserved by the 10th Amendment to the States and to the people.
Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]
[140]
In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to any preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument.^Obama Against the Second Amendment : 2nd amendment - Right to Bear Arms : [...
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^The Second Amendment right to keep and bear arms, 2.
AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]
^Framer James Wilson, however, endorsed popular amendment, and the topic is examined at some length in Akhil Reed Amar's book, The Constitution: A Biography .
AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]
.Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense.^I could see this reasoning extrapolated out to weapons of mass destruction, which a militia would not be expected to use against an invading force.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^The military certainly has some pretty impressive weapon systems--and more importantly, a highly trained set of warriors--but that's not enough, for a couple of different reasons.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^It is also plausible to say that the Second Amendment was mainly concerned about firearms, rather than "anything that could possibly be used as a weapon", even in a military context.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
[141]
Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.^Idaho: The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm.
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^"The right to bear arms is guaranteed by the Constitution of the United States and the Colorado Constitution, subject to the valid exercise of police power"); (restrictions on firearms sale, possession, and carrying were too broad); (prohibition of firearm possession by lawful aliens is unconstitutional).
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^Those who support our Second Amendment rights can make sure of that.
Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
[150]
The question presented by this case is not whether the Second Amendment protects a “collective right” or an “individual right.” Surely it protects a right that can be enforced by individuals.^The Second Amendment confers an individual right to bear arms.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^The first question is what state interests, exactly, are protected by a "states' rights" interpretation of the Second Amendment.
THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]
^The Arizona senator's questionable commitment to Second Amendment rights.
Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]
.But a conclusion that the Second Amendment protects an individual right does not tell us anything about the scope of that right.^The Second Amendment confers an individual right to bear arms.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^Second Amendment does not apply.
Second Amendment Main Page, Dave Kopel 28 January 2010 0:49 UTC www.davekopel.com [Source type: FILTERED WITH BAYES]
^We don’t need no stinking Second Amendment to protect that right.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
[151]
I take as a starting point the following four propositions, based on our precedent and today’s opinions, to which I believe the entire Court subscribes: (1) The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred.^The Second Amendment confers an individual right to bear arms.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^The purpose of government was to protect the rights of individuals.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^An updated Second Amendment is thus at least as much an individual right as the original one.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
[153]
[T]he adjective "well-regulated" implies nothing more than the imposition of proper discipline and training.^In other words even if I bought your current definition of "well regulated" then the proper actors for such regulation would be the states.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^Background checks and the definition of militia have nothing to do with the intent of the language 'well-regulated.'
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^There's nothing in that language that would indicate that anything goes, and indeed, the words "well regulated" indicate that anything did not go.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
[154]
A purposive qualifying phrase that contradicts the word or phrase it modifies is unknown this side of the looking glass (except, apparently, in some courses on Linguistics).^Every member looks at every comma and every phrase and what's the meaning of each word.
Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]
.If “bear arms” means, as we think, simply the carrying of arms, a modifier can limit the purpose of the carriage (“for the purpose of self-defense” or “to make war against the King”).^Thus, one can bear arms "in defense.
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^Indiana : "The people shall have a right to bear arms, for the defense of themselves and the State."
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^The meaning of an individual right to bear arms under the Second Amendment would thus be fairly clear.
THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT 28 January 2010 0:49 UTC www.guncite.com [Source type: Original source]
.But if “bear arms” means, as the petitioners and the dissent think, the carrying of arms only for military purposes, one simply cannot add “for the purpose of killing game.” The right “to carry arms in the militia for the purpose of killing game” is worthy of the mad hatter.^A right to keep and bear Arms means what it says.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^It certainly does not seem that the "right to keep and bear arms" was seen as absolute in the mid-1800s among legal experts and judges.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^We would not be America if there was no right to bear arms and over through a government that is not just.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
[156]
there are numerous instances of the phrase 'bear arms' being used to describe a civilian's carrying of arms.^I point to the very existence of the phrase as intrinsic to the Framers' desire for individuals to have access to, own, and bear arms; inherent to this desire was the assurance and stipulation that these individuals be allowed, whether through individual use or training, a level of competence in the use of arms and their maintenance.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^So personally I'd be alright with saying that only arms capable of being operated by an individual for use discrimnatly against another individual are protected under the 2nd amendment.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^And, before someone attempts it, being 'trained' in the use and maintenance of the arms was not the intended "end" vis a vis trained in their use but stored or kept by the government.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
.Early constitutional provisions or declarations of rights in at least some ten different states speak of the right of the 'people' [or 'citizen' or 'citizens'] "to bear arms in defense of themselves [or 'himself'] and the state,' or equivalent words, thus indisputably reflecting that under common usage 'bear arms' was in no sense restricted to bearing arms in military service.^Indiana : "The people shall have a right to bear arms, for the defense of themselves and the State."
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^Alabama : The Alabama Constitution, adopted in 1819, guarantees "[t]hat every citizen has a right to bear arms in defense of himself and the state.
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^Some current federal laws would have to be declared unconstitutional, at least in the many states that have a strong state constitutional right to bear arms or statutes that are less restrictive than federal law.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
See Bliss v. Commonwealth, 13 Am. Dec. 251, 12 Ky. 90 (Ky. 1822).[189]
Nor is the right involved in this discussion less comprehensive or valuable: "The right of the people to bear arms shall not be infringed."^The right of the people to keep and bear…arms shall not be infringed.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^We would not be America if there was no right to bear arms and over through a government that is not just.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^The right to bear arms means little when bullets are illegal.
Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
.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, 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.^We have to take it as a given that a well-regulated militia is necessary to the security of a free state, because that's what the text says.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^They are explaining the right to keep and bear arms by placing it within the concept of securing the free state.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^Secondly, the right to keep and bear arms was not limited to the context of militia duty.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
.Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers, trampled under foot by Charles I. and his two wicked sons and successors, reestablished by the revolution of 1688, conveyed to this land of liberty by the colonists, and finally incorporated conspicuously in our own Magna Charta!
We are of the opinion, then, that so far as the act of 1837 seeks to suppress the practice of carrying certain weapons secretly, that it is valid, inasmuch as it does not deprive the citizen of his natural right of self-defence, or of his constitutional right to keep and bear arms.^The right of the people to keep and bear…arms shall not be infringed.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^Tennessee : The original 1796 constitution provided: "That the freemen of this State have a right to keep and bear arms for their common defence."
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
^Second Amendment guarantees the right of people to keep and bear arms, as does the Georgia Constitution).
WHAT STATE CONSTITUTIONS TEACH ABOUT THE SECOND AMENDMENT 28 January 2010 0:49 UTC davekopel.org [Source type: Original source]
.But that so much of it, as contains a prohibition against bearing arms openly, is in conflict with the Constitution, and void.^But that so much of it, as contains a prohibition against bearing arms openly, is in conflict with the Constitution, and void; and that, as the defendant has been indicted and convicted for carrying a pistol, without charging that it was done in a concealed manner, under that portion of the statute which entirely forbids its use, the judgment of the court below must be reversed, and the proceeding quashed.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^Do you support the Constitution, specifically the 2nd Amendment right to keep and bear arms?
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^It would seem to me that Maryland has as strong a protection for the Right to Keep and Bear Arms as the US Constitution provides against the national government and had that protection a year earlier than the 14th Amendment was passed.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
[196]
The preamble which was prefixed to these amendments shows, that they originated in the fear that the powers of the general government were not sufficiently limited.^It does not confer new powers upon the States; it simply restores to the States the ability to initiate the amendment process which fear of a runaway convention has rendered virtually ineffective.
Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]
^Unlike the 1st Amendment, it doesn't limit its application to one level of government.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^It looks to me like the Framers knew how to distinguish between limitations on the power of the federal government and generic "rights of the people" against any government.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
.Several of the States in their act of ratification recommended that further restrictive clauses should be added...But...does it follow that because the people refused to delegate to the general government the power to take from them the right to keep and bear arms, that they designed to rest it in State governments?^They are explaining the right to keep and bear arms by placing it within the concept of securing the free state.
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
^Presser V. Illinois was not a ruling on the individual right to keep and bear arms.
Pajamas Media » Sotomayor: Obama’s End Run on the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
^The right of the people to keep and bear arms shall not be infringed;...
The Volokh Conspiracy - The Second Amendment and the Living Constitution: 28 January 2010 0:49 UTC volokh.com [Source type: Original source]
.Is it not an inalienable right, which lies at the bottom of every free government?^We are Constitutionally free "from" government authority pursuant to these rights.
AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 28 January 2010 0:49 UTC tabacco.blog-city.com [Source type: Original source]
^The true Jeffersonian spirit of the Declaration of Independencethe spirit that a free people have the right to alter or amend their government when they see fitlives in this amendment.
Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]
^But if someone in an urban area wants to own an Uzi and take it to the range every once in a while, that’s his right as a free man.
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
.We do not believe that, because the people withheld this arbitrary power of disfranchisement from Congress, they ever intended to confer it on the local legislatures.^Because I think that's what they intended.
Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]
^I believe that you and all the Members of Congress have sufficient faith in the people of the United States to put them and their freedom first.
Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 28 January 2010 0:49 UTC commdocs.house.gov [Source type: Original source]
^You appear to be the person who has forgotten the very quote you give — because it is the _basis_ on which people believe that the 2nd Amendment is the most important!
Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 28 January 2010 0:49 UTC pajamasmedia.com [Source type: Original source]
This right is too dear to be confided to a republican legislature.[197]
Though originally the first ten Amendments were adopted as limitations on Federal power, yet in so far as they secure and recognize fundamental rights—common law rights—of the man, they make them privileges and immunities of the man as citizen of the United States…[200]
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[[File:|thumb|Close up of the Second Amendment to the United States Constitution]] Created on December 15, 1791, the Second Amendment in the United States Constitution is the part of the United States Bill of Rights that protects the right of citizens to have firearms.
Here are sentences from other pages on Second Amendment to the United States Constitution, which are similar to those in the above article.
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