Posted on 04/15/2018 7:36:18 AM PDT by rktman
The First Amendment follows the logic of the Constitution as a whole; it restricts what the federal government – in this case, Congress – can do.
So does the Second: "the right of the people to keep and bear Arms, shall not be infringed." That "shall not be infringed" is strong language and perfectly clear. To infringe is to trespass, to intrude, to encroach. "Shall not be infringed" in plain language means "No Trespassing." And it is the government that is warned to keep out.
George Washington wrote that the American Founding occurred during a time "when the rights of mankind were better understood and more clearly defined than at any former period." Our current debate about the Second Amendment makes it all too clear that that better understanding and clearer definition of our rights has been slip-sliding away during the period in which you and I live.
(Excerpt) Read more at americanthinker.com ...
Perhaps to use it for the purpose for which it exists in our Constitution? Seems to me that our government grows more tyrannical by each passing day.
Where are the first and second amendments are no longer in effect: Most college campuses.
Here is an old Georgia court case on the subject. You can find it here in this 1982 97th Congressional and Senate Report on THE RIGHT TO BEAR ARMS. Betcha can’t find a whole copy anywhere. It has been greatly suppressed. Here is a link to it. It does not contain the pro and anti rebuttals to it as the original has.
https://olis.leg.state.or.us/liz/2015R1/Downloads/CommitteeMeetingDocument/68101
19. *
Nunn v. State, 1 Ga. (1 Kel.)
243
, at
251
(1846)
.
“’The right of the people to bear arms shall not be infringed.’ 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 a free State.”
****
18. *
Andrews v. State, 50 Tenn.
165
, 8 Am. Rep. 8, at 17 (1871)
.
“The passage from Story (Commentaries on the Constitution) shows clearly that this right was intended, as we have
maintained in this opinion, and was guaranteed to and to be exercised and enjoyed by the
citizen as such, and not by him as a soldier, or in defense solely of his political rights.”
“Betcha can’t find a whole copy anywhere.”
You prompted me to look. A whole copy was in my bookcase.
Ah, but the ‘problem’ here are the cites pre ‘enlightenment’ (aka the Socialist silent take-over of govt).
I have failed to note where ‘precedence’ pre-dates 1920 in most court decrees.
Hell, even if they reference the 2nd, they completely negate the last 4 words in entirety.
They’ll utilize Miller vs. as their baseline, refusing to re-read and acknowledge the original decision (IE: the short-barrel shotgun could be banned because it wasn’t a ‘weapon of war’...when in fact it WAS [the ‘trench-sweeper’]), instead twisting the ‘logic’ 180 degrees
It has always been clear to me that “well regulated” means “well armed and trained”.
https://www.lectlaw.com/files/gun01.htm
Carry.
Our government today seems very much like what our Declaration of Independence spoke against. Because of that, 2A’s true purpose is coming closer and closer to being realized.
Especially applicable from our Declaration: “He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.”
Thomas Jefferson is referring to the creation of positions, including soldiers and tax collectors, which result in the colonists needing to provide for them. So yes, the founding fathers would agree. They may even proclaim that the time has already arrived. 8>)
I'm not sure any federal court has even noticed it's there.
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