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Justice Breyer’s remarks on guns revisionist thinking
Bowling Green Daily News (Ky) ^ | December 14, 2010 | Masthead Editorial

Posted on 12/16/2010 10:07:01 PM PST by neverdem

Supreme Court Justice Stephen Breyer is an ideologue, a judicial activist who rules by his own political and personal philosophy, rather than the rule of law and what our founding fathers intended when they wrote the Constitution and Bill of Rights more than 200 years ago.

The left-leaning justice recently made remarks that further the suspicion that has been held for years - he doesn’t rule in regard to the Constitution, but rather a far-left political philosophy.

On Sunday, Breyer, a Bill Clinton appointee, said the founding fathers never intended guns to go unregulated.

Breyer said history stands with the dissenters in the court’s decision to overturn the Washington, D.C., handgun ban in 2008 case “D.C. v. Heller.”

Language in the Heller decision,however, acknowledged the constitutionality of some restrictions on guns.

Breyer wrote the dissent and was joined by Justices John Paul Stevens, David H. Souter and Ruth Bader Ginsberg. He said historians would side with him in the case because they have concluded that founding father James Madison was more worried that the Constitution might not be ratified than he was about granting individuals the right to bear arms.

Mr. Breyer, you couldn’t be more wrong. Breyer even went on to ask: “What is the scope of the right to keep and bear arms? Machine guns, torpedoes? Handguns?”

There are limitations on the right to keep and bear arms just as their are limitations on freedom of speech and of the press, as well as other rights enumerated in the Bill of Rights.

Madison, along with other patriot founders of our nation had something very compelling reasons for protecting the right to keep and bear arms.

Perhaps Mr. Breyer should look at the murder rate in the nation’s capital - many were killed because of the handgun ban. The city of Chicago and several other large cities that ban handguns also see very high murder rates, many people would likely still be alive today if they had the right to possess a handgun in those cities, as the founders intended, to defend themselves.

Mr. Breyer seems to be engaged in an exercise of revisionist history.

It is unlikely that the former 13 colonies would have ratified the Constitution without the inclusion of the Bill of Rights, which included the Second Amendment.

The 13 former colonies had recently secured their independence after a protracted and bloody struggle against British tyranny.

A laundry list of grievances against the British crown and Parliament as outlined in the Declaration of Independence is insightful.

Given a genuine concern that they might exchange one government that ran roughshod over their rights for another, the insistence on the inclusion of the Bill of Rights as a condition of ratification is hardly surprising.

Americans of that day were well aware of the important role of an armed citizenry at Lexington and Concord at the dawn of the revolution.

Moreover, Americans relied on their guns to protect their homes and settlements during the French and Indian wars.

During the revolution, settlers had to depend on their guns for protection against marauding bands of Indians incited by the British.

Perhaps Breyer should read the account of the siege of Fort Boonesborough in our own state of Kentucky.

But perhaps not, since Breyer seems more partial to history of the revisionist variety.


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections
KEYWORDS: banglist; breyer; stephenbreyer
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To: neverdem
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;
- The Address and Reasons of Dissent of the Minority of the Convention of Pennsylvania to their Constituents, December 12, 1787

41 posted on 12/17/2010 11:05:16 AM PST by jdege
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To: Quix; Whenifhow; houeto; null and void; Squantos; xrmusn; bronxville; Screaming_Gerbil; ...
Look-what's-squatting-on-the-Supreme-Court ping.

(Thanks DuncanWaring for the ping!)

"Enemies Domestic" ping.

Increasing volume ping list monitoring the Leftist/government axis agitprop, psyops, and instigation of violence.

FReepmail me if you want on or off The Comedian's "Enemies Domestic" ping list...


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

42 posted on 12/17/2010 12:42:44 PM PST by The Comedian (Government: Saving people from freedom since time immemorial.)
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To: neverdem

The Founders never intended arms to be unregulated but they just never got around to doing it??


43 posted on 12/17/2010 3:12:55 PM PST by Eagle Eye (A blind clock finds a nut at least twice a day.)
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To: neverdem
“What is the scope of the right to keep and bear arms?"

That's easy. Any weapon that can be carried by an infantryman including crew served machine guns is covered by the 2nd Amendment.

44 posted on 12/17/2010 4:11:55 PM PST by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: B4Ranch
lol. sure. i'll confirm. ;-) (at least i think i feel something a goin' side to side back there). hope it is a swinging till the day I die though.
45 posted on 12/17/2010 4:48:50 PM PST by GOP Poet (Obama is an OLYMPIC failure.)
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To: neverdem

Justice Bryer peddles the notion of a ‘living constitution’, code words for it says what he wants it to say. A morally bankrupt belief as our document provides a mechanism for changes to keep it evergreen which does not include the participation of SCOTUS.

We seriously need judicial reform so we can get justices on the bench who can read and comprehend our supreme law of the land that was written in plain and straight forward english for a reason.

This Bryer guy is nothing but a tyrant in a robe.


46 posted on 12/17/2010 7:44:03 PM PST by dajeeps
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To: The Comedian

squatting ??? only if he has to pee...


47 posted on 12/17/2010 8:10:44 PM PST by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: Still Thinking
Aw, come on! How can you say a thing like that with those three hotties on the court!

lol. Good point! How can !?

48 posted on 12/17/2010 10:32:15 PM PST by GOP Poet (Obama is an OLYMPIC failure.)
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To: Gargantua
The Constitution doesn't say anything about the right to bear arms being limited to "law abiding citizens". It says "the people". If you're going to talk about what the Constitution "really" means, try not to make stuff up along the way.
49 posted on 12/18/2010 5:42:11 AM PST by Bellows
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To: Blood of Tyrants
Any weapon that can be carried by an infantryman including crew served machine guns is covered by the 2nd Amendment.

The Constitution doesn't limit the right to bear arms to "any weapon that can be carried by an infantryman". Saying that this must be what the Founding Fathers intended, when they easily could have said exactly that if they'd wanted to (but didn't), isn't any different from any other crackpot interpretation that finds no support in the language of the 2A itself.
50 posted on 12/18/2010 5:49:47 AM PST by Bellows
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To: FreedomPoster
"The term “regulated” applied to clocks means “accurate in keeping time”. It made sense, particularly in 18th Century armies, to have to pay a lot of attention to how well soldiers could operate in massed formations."

This would be a fine interpretation if the 2A were talking about the need for regular practice in mass formations. But it doesn't, and your explanation bears no relationship to the other language of the 2A. The need for well coordinated mass formations being being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed? This rings "most true" to you? Really?
51 posted on 12/18/2010 6:05:23 AM PST by Bellows
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To: Bellows

No, it doesn’t. But any other larger weapons are generally covered under the clause that allows the federal government to issue Letters of Marque.


52 posted on 12/18/2010 9:07:18 AM PST by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: Bellows
"The Constitution doesn't say anything about the right to bear arms being limited to "law abiding citizens".

No, it doesn't. I put that in there, just as did John Adams, when he said "This Constitution is intended solely for a moral (i.e., law abiding!) and religious people, for if a man will not obey God's laws, who can expect him to respect the Laws of Men?

See, the Founders expected a few things from us. To be morally upright. To use our God-given brains. To employ, and apply, common sense.

So while the Constitution doesn't "spell out" "law abiding," it most certainly implies it, or else what good is it to even have a "Constitution" (a list of "laws") in the first place? You simpering chimpanzee!!

I can't believe you're really that cravenly, vilely ignorant. Are you?

53 posted on 12/18/2010 10:40:10 AM PST by Gargantua (Palin ~ Bachmann 2012... cuz "Pa-Bach's a bitch!" (if you're a Liberal or a PDS snart))
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To: The Comedian
I want on the list. Thank you.

Merry Christmas, Comic.

8^D

54 posted on 12/18/2010 10:43:59 AM PST by Gargantua (Palin ~ Bachmann 2012... cuz "Pa-Bach's a bitch!" (if you're a Liberal or a PDS snart))
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To: Gargantua
You're on the list, Tarantula! ;-)


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

55 posted on 12/18/2010 2:19:45 PM PST by The Comedian (Government: Saving people from freedom since time immemorial.)
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To: The Comedian
I can't explain it, and I make no apology... but every time you call me that, I just want to take my smoothest stone to the already scalpel-like edge of my K-Bar...

:0)

56 posted on 12/18/2010 5:24:01 PM PST by Gargantua (Palin ~ Bachmann 2012... cuz "Pa-Bach's a bitch!" (if you're a Liberal or a PDS snart))
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To: Gargantua
Breyer is an assh*le, because he knows this to be true, and he lies to further his radical agenda. He should have his neck stretched after being found guilty of Treason before a jury of his betters.

U.S. Constitution, Article III, Section 3 - Treason

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The 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.

Yep. Seems to fit exactly as the authors of the Constitution stated.

57 posted on 12/19/2010 2:37:17 PM PST by archy (I'd give my right arm to be ambidextrous!)
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To: Gargantua
"This Constitution is intended solely for a moral (i.e., law abiding!) and religious people....

So in your view only religious and moral people are entitled to Constitutional rights. This just gets better and better. No wonder you find it necessary to lace your posts with personal insults.
58 posted on 12/21/2010 5:33:46 PM PST by Bellows
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To: Bellows
I can envision the drool running through your rotted teeth and down your unshaven chin to stain your bib-overalls, eyes squinting as you struggle to come up with this clever little gem.

That's actually a quote from John Adams (one of America's Founding Fathers and authors of "The Constitution,"). It refers to those who will likely be guided by the document, and constrained by its laws, not those who are "entitled to" its provisions.

It's a fairly obvious distinction to anyone with a functioning brain, or who isn't addled from years of swilling 'shine. There's a good hick. Better luck next time.

;-\

59 posted on 12/22/2010 2:19:33 PM PST by Gargantua (Palin ~ Bachmann 2012... cuz "Pa-Bach's a bitch!" (if you're a Liberal or a PDS snart))
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