The Second Amendment - Commentaries

"Of the liberty of conscience in matters of religious faith, of speech and of the press; of the trial by jury of the vicinage in civil and criminal cases; of the benefit of the writ of habeas corpus; of the right to keep and bear arms... If these rights are well defined, and secured against encroachment, it is impossible that government should ever degenerate into tyranny." ~ James Monroe.

"Any unarmed people are slaves, or are subject to slavery at any given moment. If the guns are taken out of the hands of the people and only the pigs have guns, then it's off to the concentration camps, the gas chambers, or whatever the fascists in America come up with. One of the democratic rights of the United States, the Second Amendment to the Constitution, gives the people the right to bear arms. However, there is a greater right; the right of human dignity that gives all men the right to defend themselves." ~ Huey P. Newton, (1942-1989), founder of the Black Panther Party for Self-Defense.

181 posted on 06/21/2006 2:32:03 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

After waiting in line for a couple of hours and making little progress toward the police station, I gave up and went home. I worried all night that, with the new gun law's effective date just days away, I was about to become a felon.

Don't worry if they haven't arrested 12+ million illegals, thousands of child molesters, thousands of violent criminals who could be easily tracked and thousands of drug traffic jerks and thousands of other law breakers, including drunk drivers who have no license but continue to drive, I think you're safe for awhile. But there is always a chance that congress will release extra funds to law enforcers. Then I'm afraid you'll be one of the first arrested in the spirit of ridding America from gun nuts. It will be in an election year.

182 posted on 06/21/2006 2:34:22 PM PDT by Joan Kerrey

"When a government controls both the economic power of individuals and the coercive power of the state ... this violates a fundamental rule of happy living: Never let the people with all the money and the people with all the guns be the same people." ~ P.J. O’Rourke.

183 posted on 06/21/2006 2:36:39 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

"... in all countries where personal freedom is valued, however much each individual may rely on legal redress, the right of each to carry arms -- and these the best and the sharpest -- for his own protection in case of extremity, is a right of nature indelible and irrepressible, and the more it is sought to be repressed the more it will recur." ~ James Paterson, Commentaries on the Liberty of the Subject and the Laws of England Relating to the Security of the Person, (London, 1877), Vol. 1, p. 441.

184 posted on 06/21/2006 2:40:08 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

Then I'm afraid you'll be one of the first arrested in the spirit of ridding America from gun nuts.

Top O' the World Ma! Top O'the world!
Is this the end for Rico???

Seriously, if they can't bring themselves to deal with 11 million unarmed criminals, what makes you think they are going to be willing to take on millions of ARMED Free men.

185 posted on 06/21/2006 2:41:09 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)

"The loyalists in the beginning of the late war objected to associating, arming and fighting, in defense of our liberties, because these measures were not constitutional. A free people should always be left... with every possible power to promote their own happiness." ~ Pennsylvania Gazette, April 23, 1788.

186 posted on 06/21/2006 2:42:44 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

"The NRA believes America's laws were made to be obeyed and that our Constitutional liberties are just as important today as 200 years ago. And by the way, the Constitution does not say Government shall decree the right to keep and bear arms. The Constitution says 'The right of the people to keep and bear arms shall not be infringed.' " ~ Ronald Reagan, Speech to the NRA.

187 posted on 06/21/2006 2:45:38 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

"People who object to weapons aren't abolishing violence, they're begging for rule by brute force, when the biggest, strongest animals among men were always automatically 'right.' Guns ended that, and social democracy is a hollow farce without an armed populace to make it work." ~ L. Neil Smith, The Probability Broach, 1980.

188 posted on 06/21/2006 2:50:42 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

"But to ban guns because criminals use them is to tell the innocent and law-abiding that their rights and liberties depend not on their own conduct, but on the conduct of the guilty and the lawless, and that the law will permit them to have only such rights and liberties as the lawless will allow. ... For society does not control crime, ever, by forcing the law-abiding to accommodate themselves to the expected behavior of criminals. Society controls crime by forcing the criminals to accommodate themselves to the expected behavior of the law-abiding." ~ Jeff Snyder, "Who's Under Assault in the 'Assault Weapon' Ban?", American Rifleman, October 1994.

189 posted on 06/21/2006 2:52:53 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

"Just as important as the governmental structure established by Articles I through VII of the Constitution are the personal freedoms guaranteed by the Bill of Rights and the 13th, 14th, and 15th Amendments. Approved by the First Congress in 1789 and ratified by the States in 1791, the first ten amendments to the Constitution--the Bill of Rights--assure basic individual liberties essential to a free and democratic society. In the aftermath of the Civil War, the 13th, 14th, and 15th Amendments continued the mission of the Bill of Rights by abolishing slavery, by assuring citizens due process in actions taken under color of State governments, and by taking the first steps toward providing suffrage for citizens regardless of race. These Constitutional guarantees have not only stood as a bulwark against governmental abuses in this country, but they have also provided inspiration to people around the world in their quest for individual freedom and liberty."

~ By Hon. Jack Brooks, Chairman, Committee on the Judiciary of the House of Representatives. June 24, 1992. Posted as of July, 2006 on the House of Represtatives website at: http://www.house.gov/house/Foreword.shtml

"The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;

"Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:"

~ Congressional Resolution adopting the Bill of Rights, December 15, 1791.

“Thus situated we entered on the examination of the proposed system of government, and found it to be such as we could not adopt, without, as we conceived, surrendering up your dearest rights. We offered our objections to the convention, and opposed those parts of the plan, which, in our opinion, would be injurious to you, in the best manner we were able; and closed our arguments by offering the following propositions to the convention….

“7. 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 Address and Reasons of Dissent of the Minority of the Convention of Pennsylvania To Their Constituents, Pennsylvania Packet and Daily Advertiser, 18 December 1787.

“During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.

“On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.”

~ National Archives Website,
http://www.archives.gov/national-archives-experience/charters/bill_of_rights.html

"Resolved, That a committee be appointed to take into consideration, and report to this house on Monday morning next, a draught of such amendments and alterations as may be thought necessary, in the proposed Constitution for the United States, to be recommended to the consideration of the people of this state, if approved of by this Convention;…”
“13. That the militia shall not be subject to martial law, except in time of war, invasion, or rebellion.

“This provision to restrain the powers of Congress over the militia, although by no means so ample as that provided by Magna Charta, and the other great fundamental and constitutional laws of Great Britain, (it being contrary to Magna Charta to punish a freeman by martial law, in time of peace, and murder to execute him,) yet it may prove an inestimable check; for all other provisions in favor of the rights of men would be vain and nugatory, if the power of subjecting all men, able to bear arms, to martial law at any moment should remain vested in Congress.

~ A FRAGMENT OF FACTS, DISCLOSING THE CONDUCT OF THE MARYLAND CONVENTION, ON THE ADOPTION OF THE FEDERAL CONSTITUTION. ADDRESS TO THE PEOPLE OF MARYLAND. ANNAPOLIS, April 21, 1788.

190 posted on 06/26/2006 10:51:54 AM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

“The Convention haveing Impartially discussed and fully considered the Constitution for the United States of America, reported to Congress by the Convention of Delegates from the United States of America & submitted to us by a Resolution of the General Court of said State passed the fourteenth Day of December …. Do In the Name & behalf of the People of the State of New-Hampshire assent to & ratify the said Constitution for the United States of America. And as it is the Opinion of this Convention that certain amendments & alterations in the said Constitution would remove the fears & quiet the apprehensions of many of the good People of this State & more Effectually guard against an undue Administration of the Federal Government — The Convention do therefore recommend that the following alterations & provisions be introduced into the said Constitution….

“Twelfth, Congress shall never disarm any Citizen unless such as are or have been in Actual Rebellion.”
~ Ratification of the Constitution by the State of New Hampshire, June 21, 1788.

“We came equals into this world, and equals shall we go out of it. All men are by nature born equally free and independent. To protect the weaker from the injuries and insults of the stronger were societies first formed; … Every society, all government, and every kind of civil compact therefore, is or ought to be, calculated for the general good and safety of the community. Every power, every authority vested in particular men is, or ought to be, ultimately directed to this sole end; and whenever any power or authority whatever extends further, or is of longer duration than is in its nature necessary for these purposes, it may be called government, but it is in fact oppression.

“...In all our associations; in all our agreements let us never lose sight of this fundamental maxim--that all power was originally lodged in, and consequently is derived from, the people. We should wear it as a breastplate, and buckle it on as our armour.”
~George Mason, from a document Mason wrote while serving on Fairfax County's committee of safety. Mason was responsible for organizing an independent militia, and these remarks reflect his political philosophy on the eve of the American Revolution. April 17-26, 1775.

That there be a Declaration or Bill of Rights asserting and securing from encroachment the essential and unalienable Rights of the People in some such manner as the following;…

Seventeenth, That the people have a right to keep and bear arms; that a well regulated Militia composed of the body of the people trained to arms is the proper, natural and safe defence of a free State….

~ Amendments Proposed by the Virginia Convention, June 27, 1788.

“That the Powers of Government may be reassumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the Government thereof, remains to the People of the several States, or to their respective State Governments to whom they may have granted the same; And that those Clauses in the said Constitution, which declare, that Congress shall not have or exercise certain Powers, do not imply that Congress is entitled to any Powers not given by the said Constitution; but such Clauses are to be construed either as exceptions to certain specified Powers, or as inserted merely for greater Caution….

“That the People have a right to keep and bear Arms; that a well regulated Militia, including the body of the People capable of bearing Arms, is the proper, natural and safe defence of a free State;

“That the Militia should not be subject to Martial Law except in time of War, Rebellion or Insurrection.

“That standing Armies in time of Peace are dangerous to Liberty, and ought not to be kept up, except in Cases of necessity; and that at all times, the Military should be under strict Subordination to the civil Power.

~ Ratification of the Constitution by the State of New York: July 26, 1788.[1]

“…experience proves the inefficiency of a bill of rights on those occasions when its controul is most needed. Repeated violations of these parchment barriers have been committed by overbearing majorities in every State. In Virginia I have seen the bill of h rights violated in every instance where it has been opposed to a popular current. ... Wherever the real power in a government lies, there is the danger of oppression. In our Governments the real power lies in the majority of the Community, and the invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of the Constituents. This is a truth of great importance, but not yet sufficiently attended to. ... Wherever there is an interest and power to do wrong, wrong will generally be done, and not less readily by a powerful & interested party than by a powerful and interested prince. ... The difference so far as it relates to the point in question — the efficacy of a bill of rights in controuling abuses of power — lies in this: that in a monarchy the latent force of the nation is superior to that of the Sovereign, and a solemn charter of popular rights must have a great effect, as a standard for trying the validity of public acts, and a signal for rousing & uniting the superior force of the community; whereas in a popular Government, the political and physical power may be considered as vested in the same hands, that is in a majority of the people, and, consequently the tyrannical will of the Sovereign is not [to] be controuled by the dread of an appeal to any other force within the community.” ~ James Madison, “The Question of a Bill of Rights”, Letter to Thomas Jefferson, October 17, 1788.

“They may think we are not sincere in our desire to incorporate such amendments in the Constitution as will secure those rights, which they consider as not sufficiently guarded. The applications for amendments come from a very respectable number of our constituents, and it is certainly proper for Congress to consider the subject, in order to quiet that anxiety which prevails in the public mind. Indeed, I think it would have been of advantage to the Government, if it had been practicable to have made some propositions for amendments the first business we entered upon; it would have stifled the voice of complaint, and made friends of many who doubted the merits of the Constitution.” ~ James Madison, Debates on the Bill of Rights, House of Representatives, Amendments to the Constitution, 8 June, 1789.
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“It cannot be a secret to the gentlemen in this House, that, notwithstanding the ratification of this system of Government by eleven of the thirteen United States, in some cases unanimously, in others by large majorities; yet still there is a great number of our constituents who are dissatisfied with it; among whom are many respectable for their talents and patriotism, and respectable for the jealousy they have for their liberty, which, though mistaken in its object, is laudable in its motive. There is a great body of the people falling under this description, who at present feel much inclined to join their support to the cause of Federalism, if they were satisfied on this one point. We ought not to disregard their inclination, but, on principles of amity and moderation, conform to their wishes, and expressly declare the great rights of mankind secured under this constitution.” ~ James Madison, Debates on the Bill of Rights, House of Representatives, Amendments to the Constitution, 8 June, 1789.
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“There have been objections of various kinds made against the Constitution…. I believe that the great mass of the people who opposed it, disliked it because it did not contain effectual provisions against encroachments on particular rights, and those safeguards which they have been long accustomed to have interposed between them and the magistrate who exercises the sovereign power; nor ought we to consider them safe, while a great number of our fellow-citizens think these securities necessary.” ~ James Madison, Debates on the Bill of Rights, House of Representatives, Amendments to the Constitution, 8 June, 1789.
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“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.” .” ~ James Madison, Debates on the Bill of Rights, House of Representatives, Amendments to the Constitution, 8 June, 1789.
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“It has been said, by way of objection to a bill of rights, by many respectable gentlemen out of doors, and I find opposition on the same principles likely to be made by gentlemen on this floor, that they are unnecessary articles of a Republican Government, upon the presumption that the people have those rights in their own hands, and that is the proper place for them to rest. It would be a sufficient answer to say, that this objection lies against such provisions under the State Governments, as well as under the General Government; and there are, I believe, but few gentlemen who are inclined to push their theory so far as to say that a declaration of rights in those cases is either ineffectual or improper. It has been said, that in the Federal Government they are unnecessary, because the powers are enumerated, and it follows, that all that are not granted by the Constitution are retained; that the Constitution is a bill of powers, the great residuum being the rights of the people; and, therefore, a bill of rights cannot be so necessary as if the residuum was thrown into the hands of the Government.” ~ James Madison, Debates on the Bill of Rights, House of Representatives, Amendments to the Constitution, 8 June, 1789.
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“Besides this security, there is a great probability that such a declaration in the federal system would be enforced; because the State Legislatures will jealously and closely watch the operations of this Government, and be able to resist with more effect every assumption of power, than any other power on earth can do; and the greatest opponents to a Federal Government admit the State Legislatures to be sure guardians of the people's liberty. I conclude, from this view of the subject, that it will be proper in itself, and highly politic, for the tranquillity of the public mind, and the stability of the Government, that we should offer something, in the form I have proposed, to be incorporated in the system of Government, as a declaration of the rights of the people.” ~ James Madison, Debates on the Bill of Rights, House of Representatives, Amendments to the Constitution, 8 June, 1789.

“By agreeing to this motion, the subject may be going on in the committee, while other important business is proceeding to a conclusion in the House. I should advocate greater despatch in the business of amendments, if I were not convinced of the absolute necessity there is of pursuing the organization of the Government; because I think we should obtain the confidence of our fellow-citizens, in proportion as we fortify the rights of the people against the encroachments of the Government.” ~ James Madison, Debates on the Bill of Rights, House of Representatives, Amendments to the Constitution, 8 June, 1789.

191 posted on 06/26/2006 3:43:28 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

"That every citizen has a right to bear arms in defense of himself and the state." ~ ALABAMA DECLARATION OF RIGHTS (Article I of the 1901 Constitution of Alabama), As amended through 1966, ARTICLE I, Sec. 26.

192 posted on 06/26/2006 3:45:04 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

"The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men." ~ ARIZONA DECLARATION OF RIGHTS (Article II of the 1912 Constitution of Arizona As revised to January, 1975, ARTICLE II, Sec. 26.

193 posted on 06/26/2006 3:54:37 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

“The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.” ~ COLORADO BILL OF RIGHTS, (Article II of the 1876 Constitution of Colorado), As revised to 1975, ARTICLE II, Sec. 13.

194 posted on 06/26/2006 4:17:54 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

"The New York Times, always keeping a weather eye for new evidence that guns are dangerous, reported this week that men who handle guns get more stirred up than men who handle children's board games." — Jonah Goldberg, May 2006.

195 posted on 06/27/2006 11:50:41 AM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

12 May 2006 | PatriotPost.US | Patriot No. 06-19

Typical of the Left, The Brady Campaign against Second Amendment rights is making political fodder out of tragedy, in this instance the recent shooting of three Virginia police officers (one detective was killed) to renew their assault on so-called "assault weapons."

A Brady Campaign news release notes that Congress allowed the "assault-weapons ban" to sunset in September, 2004, "to please the National Rifle Association just before the 2004 elections." Apparently, it also pleased a lot of law-abiding American voters.

Fact is, very few assaults are committed with semi-automatic sporting rifles, and the Brady Campaign makes no mention of the fact that law-abiding citizens use guns more than 1.5 million times each year to prevent crimes. As the NRA's Institute for Legislative Action notes, "Banning guns because criminals use them is telling the law-abiding that their rights and liberties depend not on their own conduct but on the behavior of the lawless. It tells honest citizens that they have only such rights and liberties as criminals will allow."

It is a fair assumption that millions of additional crimes are not committed because perpetrators fear their intended victims have the ability to defend themselves—a prime deterrent according to research on convicted violent felons.

196 posted on 06/27/2006 12:10:08 PM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

Caught on Tape: Store Owner Shoots at Robber (SC)
WLTX ^ | June 27, 2006 | Ashley Monts

Posted on 06/29/2006 9:50:37 AM PDT by DaveLoneRanger
http://www.freerepublic.com/focus/f-news/1657832/posts

(Beech Island) - Mary Todd is the first to tell you - she takes safety into her own hands.

"I don't keep a gun on me, but there's one always with hand's reach," she says, nodding towards a silver pistol.

Just a week and a half ago, the owner of Todd's Food Store in Beech Island was forced to put it to use. On the afternoon of June 16th, three masked gunmen walked into the store, while a fourth waited in the car.

"They started grabbing customers, putting them on the ground, sticking guns to their heads and so forth," says Investigator Chuck Cain with the Aiken County Sheriff's Office.

Investigator Cain says the crooks would have succeeded if it weren't for Mary. As one of the men tried to kick in her office door, she fought back.

"I shot my gun through my little office window," she says.

Adds Cain, "Right then the boys were like, 'We're getting shot at, we're outta here.'"

In the end, the only thing the men got was out without getting shot. Now, investigators hope one of them slips up and talks about it.

"There were four suspects involved in this," says Investigator Cain. "There is absolutely no way these four are gonna keep their mouths shut."

Cain believes the four have ties to Aiken and Augusta....

197 posted on 06/29/2006 11:39:06 AM PDT by PsyOp (Fear, not kindness, restrains the wicked – Metus improbos compescit, non clementia. – Syrus, Maxims.)

198 posted on 06/29/2006 11:47:20 AM PDT by alarm rider (Irritating leftists as often as is humanly possible....)

"Make my day" law has its merits

When is it acceptable to kill an intruder in your home? Unless unforeseen evidence emerges, it seems that Lawrence Kintz of Aurora was well within his rights Tuesday when he used his 12-gauge shotgun to shoot and kill a man climbing in his window....

With all that said, I was intrigued when reading the comments of Aurora police Detective Bob Friel concerning the case. Before sending the findings to the Adams County district attorney, Friel said, police wanted to make sure people weren't being shot for stealing a TV.

I agree, of course. No one should be shot solely for stealing a TV. But should victims offer intruders biscuits and tea while discussing intentions? "Are you here for the plasma?

...The statute itself is unambiguous: Any occupant of a dwelling is justified in using "any degree of physical force, including deadly physical force," against another person as long as that other person has made an unlawful entry into the dwelling and as long as they feel a physical threat of any kind....

For criminals, there is the most valuable lesson: If you don't want to be shot, don't climb through strange windows.

199 posted on 07/21/2006 12:47:19 PM PDT by PsyOp (I bend but do not break. - Fontain.)

Bump, Bttt, Bookmark, Bloat

200 posted on 07/21/2006 12:54:19 PM PDT by Not now, Not ever! (This tag-line is temporarily closed for remodeling)

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