To: Roscoe
"In the Second, it is declared.....that "the right of the people to keep and bear arms shall not be infringed." The prohibition is general. No clause in the Constitution could, by any rule of construction, be concieved to give the Congress a power to disarm the people. A flagitious attempt could only be made under some general pretense by a State legislature. But if, in any blind pursuit of inordinate power, either [the State or federal government] should attempt it, this Amendment may be appealed to as a restraint on both."
William Rawle, "View of the Constitution", 1825
To: Abe Froman
"But if, in any blind pursuit of inordinate power, either [the State or federal government] should attempt it, this Amendment may be appealed to as a restraint on both." Close. The actual line reads, "But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both."
In that respect his unique interpretation of the 2nd Amendment ran counter to all other legal and historical authorities.
But keep going.
"This right ought not, however, in any government, to be abused to the disturbance of the public peace." "An assemblage of persons with arms, for an unlawful purpose, is an indictable offence, and even the carrying of arms abroad by a single individual, attended with circumstances giving just reason to fear that he purposes to make an unlawful use of them, would be sufficient cause to require him to give surety of the peace. If he refused he would be liable to imprisonment."
William Rawle
19 posted on
06/13/2003 12:59:33 AM PDT by
Roscoe
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