Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: robertpaulsen
robertpaulsen said: Problem is, you don't think that.

I most certainly do think that. And so did the US Supreme Court in Miller. They didn't consider what state Miller was from and read the Constitution of that state.

The concept is that of securing a free state. It applies to any government. Do you think that the security of a free territory, pre-statehood, is somehow achieved without a well-regulated militia?

You seem to equate lack of protection to lack of necessity. The Ninth Circuit's decision in Silveira didn't suddenly make the necessity of a well-regulated militia disappear for Kalifornia. The necessity wasn't created by the Constitution any more than the right to keep and bear arms was created by the Second Amendment.

Governments are instituted among men and derive their just powers from the consent of the governed. How can a territory adopt a constitution and become a state of the union without some appreciation for the rights of man. First comes the consent. Then the derived powers. The consent cannot be given by a disarmed people.

425 posted on 08/01/2004 11:31:31 PM PDT by William Tell
[ Post Reply | Private Reply | To 421 | View Replies ]


To: William Tell
"didn't suddenly make the necessity of a well-regulated militia disappear for Kalifornia"

That militia disappeared long before Silveira showed up.

If California had a decent state constitution that protected the RKBA, Silveira wouldn't need to seek second amendment protection from the federal government. His own state constitution would protect his rights.

The citizens of California have spoken. So be it.

431 posted on 08/01/2004 11:52:24 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 425 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson