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

To: KoRn
The man was exercising TWO of his constitutional rights,

Many in America would argue that only the MILITA is allowed to have firearms. Obama heading that way now that he has Soto on SCOTUS and as soon as he can JAMDOWN the health care takeover, the CAP and TAX program, and AMNESTY for illegal aliens.
78 posted on 08/11/2009 9:11:59 AM PDT by Cheerio (Barack Hussein 0bama=The Complete Destruction of American Capitalism)
[ Post Reply | Private Reply | To 18 | View Replies ]


To: Cheerio

And that begs the question “Who is the militia?”

In the 2008 decision of the Supreme Court in District of Columbia v. Heller, the de jure definition of “militia” as used in United States jurisprudence was discussed. The court’s opinion made explicit, in its obiter dicta, that the term “militia”, as used in colonial times in this originalist decision, included both the federally-organized militia and the citizen-organized militias of the several States: “... the ‘militia’ in colonial America consisted of a subset of ‘the people’—those who were male, able-bodied, and within a certain age range” (7) ... Although the militia consists of all able-bodied men, the federally organized militia may consist of a subset of them”

http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf (see page 26)


105 posted on 08/11/2009 9:18:54 AM PDT by taxcontrol
[ Post Reply | Private Reply | To 78 | View Replies ]

To: Cheerio
Many in America would argue that only the MILITA is allowed to have firearms.

Many would argue also that Obama is the Messiah, but that doesn't make it true.

234 posted on 08/11/2009 10:21:03 AM PDT by mvpel (Michael Pelletier)
[ Post Reply | Private Reply | To 78 | View Replies ]

To: Cheerio
Many in America would argue that only the MILITA is allowed to have firearms.

They're going to have to overturn the holding in the recent Supreme Court case, DISTRICT OF COLUMBIA ET AL. v. HELLER then.

Held: 1. The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

That's in the syllabus, rather than the decision itself, but it's also a succinct summary, which was approved by the author of the decision. In any event, Justice Scalia, the author of the opinion, included this phrase:

Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons

But should a new, and liberal, court decide that "right of the people" means "power of the state militias".. well that's the reason for the right in the first place.

385 posted on 08/11/2009 3:27:39 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 78 | View Replies ]

To: Cheerio

Under the 18th century understanding of the term, every law abiding citizen of the United States is a member of the “Militia”.

So even by that standard, he was in compliance.


445 posted on 08/11/2009 8:43:37 PM PDT by spikeytx86 (Pray for Democrats for they have been brainwashed by their fruity little club.)
[ Post Reply | Private Reply | To 78 | 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