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Second Amendment subject to REASONABLE RESTRICTIONS - Giuliani
Fox News ^ | March 12, 2007 | Brit Hume video

Posted on 03/12/2007 10:10:00 PM PDT by anonsquared

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To: jmc813

No doubt. Spouting liberal platitudes like they mean something. Do they think they will impress us with their stupidity? That their absurd BS will just go unquestioned?


141 posted on 03/13/2007 8:59:30 AM PDT by Dead Corpse (What would a free man do?)
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To: AZRepublican
First nine has nothing to do with States or people, but everything to do with prohibited acts of Congress.

Well... wrong. But thanks for playing.

As expressed, they are "declaratory and restrictive clauses". This means they declare something to be so, and impose a restriction. In regards to the Second Amendment, it says RKBA is a Right of the People and it shall not be infringed.

Period. End of story. FedGov, States, home owners associations, whatever... Hands Off RKBA.

Easy-peasy.

And yes, I have the quotes from the Founders to back this up. Let's start with this one...

"The whole of the Bill [of Rights] is a declaration of the right of the people at large or considered as individuals … It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of." Albert Gallatin of the New York Historical Society, October 7, 1789

142 posted on 03/13/2007 9:02:39 AM PDT by Dead Corpse (What would a free man do?)
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To: AZRepublican
"[T]he phrase 'the right of the people,' only recognizes a right, it is not conferring a right at all. If the constitution conferred rights to the people, then there would be no need for States."

Correct, and in the case of the 2nd amendment it recognizes the individual right is inalienable... cannot be taken away. It must be an individual right... not granted by the founding documents, but rather preexistent.

jw

143 posted on 03/13/2007 9:21:47 AM PDT by JWinNC (www.anailinhisplace.net)
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To: from occupied ga

Wodger just how a candidate that ran on NO restictions on gun ownership, zero, zip, nada would do against Rudy?


144 posted on 03/13/2007 9:32:04 AM PDT by neverhillorat (HILLORAT WINS, WE ALL LOSE)
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To: AZRepublican
Interesting they find the second is a individual right, yet claim they cannot address state gun control. This tells me they know their ruling is is on life support.

DId you read the whole thing, because they did address state level. I read the whole thing and that's what I got out of it.

145 posted on 03/13/2007 9:59:37 AM PDT by from occupied ga (Your most dangerous enemy is your own government)
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To: neverhillorat
Wodger just how a candidate that ran on NO restictions on gun ownership, zero, zip, nada would do against Rudy

I guess we'll see. I know Ron Paul is a no restriction guy, and I think Hunter is too, but I'm not sure on him.

146 posted on 03/13/2007 10:04:17 AM PDT by from occupied ga (Your most dangerous enemy is your own government)
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To: anonsquared

Anarchy,sign me up.





No way no how,will I vote for Rudy!


147 posted on 03/13/2007 10:04:56 AM PDT by Plains Drifter (America First, Last, and Always!!!)
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To: FreedomCalls

And how many Constitutional absolutionists have we ever seen in the Presidency?
Would that action by Reagan have been enough for you to vote for Carter? If your answer is "yes" you are to be pitied.


148 posted on 03/13/2007 10:13:21 AM PDT by taxesareforever (Never forget Matt Maupin)
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To: FreedomCalls

And how many Constitutional absolutionists have we ever seen in the Presidency?
Would that action by Reagan have been enough for you to vote for Carter? If your answer is "yes" you are to be pitied.


149 posted on 03/13/2007 10:13:34 AM PDT by taxesareforever (Never forget Matt Maupin)
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To: JWinNC

I don't think any State would ever consider taking the right away, only regulate it:

Section XIII of the State of Texas Constitution:

Every person shall have the right to keep and bear arms, in the lawful defense of himself or the State, under such regulations as the Legislature may prescribe.


150 posted on 03/13/2007 10:31:09 AM PDT by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: Dead Corpse
Someone failed to tell Texas this:

Section XIII of the State of Texas Constitution:

Every person shall have the right to keep and bear arms, in the lawful defense of himself or the State, under such regulations as the Legislature may prescribe.

Thanks for attempting to sound like you know what you are talking about.

151 posted on 03/13/2007 10:34:04 AM PDT by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: AZRepublican
When Texas, a former Republic in itself, ratified the US Constitution upon entry into the Union... it made itself subject to its provisions. Including the BoR.

Just changing the wording in their State Constitution would be able to over-ride a protection for an Individual Right. Else some Southern States would still have slavery laws on the books.

Thanks for continuing to prove you haven't read the decision and prefer gun control to Individual Rights.

152 posted on 03/13/2007 10:40:48 AM PDT by Dead Corpse (What would a free man do?)
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To: AZRepublican
only regulate it:

And as the DC court decision points out, and the Founders were in agreement with, any "regulation" that makes it impossible to freely exercise a Right is an infringement and therefore null.

Keep trying though. At least a few people out there will swallow your anti-gun BS...

153 posted on 03/13/2007 10:42:23 AM PDT by Dead Corpse (What would a free man do?)
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To: Dead Corpse

Thomas Jefferson was against a Constitution that did not contain a bill of rights to protect the people not against themselves, but from the federal government: "I hope, therefore, a bill of rights will be formed to guard the people against the federal government as they are already guarded against their State governments, in most instances." --Thomas Jefferson to James Madison, 1788. ME 7:98


Because a mind is a terrible thing to waste without facts, see here:

http://federalistblog.us/2007/03/dc_circuits_2nd_amendment_holding_too_weak_to_survive.html


154 posted on 03/13/2007 11:13:16 AM PDT by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: AZRepublican
"When an instrument admits two constructions, the one safe, the other dangerous, the one precise, the other indefinite, I prefer that which is safe & precise. I had rather ask an enlargement of power from the nation, where it is found necessary, than to assume it by a construction which would make our powers boundless." Thomas Jefferson, letter to Wilson Cary Nicholas, Sept. 7, 1803.

The next amendment is: "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 importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. 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 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. James Madison 1833.

The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government. St. George Tucker. 1803

Game. Set. Match.

155 posted on 03/13/2007 12:01:38 PM PDT by Dead Corpse (What would a free man do?)
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To: AZRepublican
Further, incorporation is a myth. Made up from whole cloth as legislation by the judicary to give them more power than they are Constitutionally empowered to have. For proof... see the text of the legislation for ratifying the BoR...

The First 10 Amendments to the Constitution as Ratified by the States
December 15, 1791
Preamble

Congress OF THE United States begun and held at the City of New York, on Wednesday the Fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States having at the time of their 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; viz.:

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

This is all the "incorporation" the BoR's protections for pre-existing Rights requires.

156 posted on 03/13/2007 12:06:38 PM PDT by Dead Corpse (What would a free man do?)
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To: Anti-Bubba182
"OK, I want an electric Gatling gun and a belt fed grenade launcher."

Ooooooh, that sounds like alot of fun! Expensive though. Imagine the ammo cost for a weekend shoot!
157 posted on 03/13/2007 12:17:23 PM PDT by Gum Shoe
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To: Zeroisanumber

"Traffic is crazy enough around here without some idiot mounting a recoilless rifle on his truck."

Our local ski resort actually uses one of the old VN era Recoilless Rifles for avalanche control. Kinda neat to watch.


158 posted on 03/13/2007 12:22:31 PM PDT by Gum Shoe
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To: Dead Corpse

They are talkin about the right of the militia to be armed you idiot.


159 posted on 03/13/2007 12:29:15 PM PDT by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: Gum Shoe
Our local ski resort actually uses one of the old VN era Recoilless Rifles for avalanche control. Kinda neat to watch.

I've seen that on the Discovery Channel. It is neat.

160 posted on 03/13/2007 12:36:05 PM PDT by Zeroisanumber (Quis custodiet ipsos custodes?)
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