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Breyer: Second Amendment Not About 'the Right of an Individual to Keep a Gun Next to His Bed'
pjmedia.com ^ | 8/23/2017 | Bridget Johnson

Posted on 08/23/2017 9:19:16 AM PDT by rktman

Asked about his thoughts on the Second Amendment, Breyer recalled that in Article I of the Constitution "it gives to the Congress the power to call up and regulate state militias."

"There was a lot of concern, if you read the Federalist Papers, you will just get a feeling for it. There was a lot of concern and fear that Congress might do that and disband them, and replace the state militias after they had disbanded them with a federal army. And that, many people said, vote no on the Constitution because if they can do that, then the federal government can destroy your freedom," he said. "Well, said Madison, in a sense, if I paraphrase him, never fear. We will put in the Constitution an amendment which says Congress can't do that. It cannot call up and disband the state militias. Why? Because a well-armed militia is necessary for the security of a free state, i.e. a state militia."

"And therefore the right to keep and bear arms shall not be infringed. In other words, they were talking about that. That's what I thought they were talking about, which is not the right of an individual to keep a gun next to his bed."

(Excerpt) Read more at pjmedia.com ...


TOPICS: Constitution/Conservatism; Government; Philosophy; Politics/Elections
KEYWORDS: 2a; banglist; breyer; scotus
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To: Lurkina.n.Learnin

“I would love to see a state , maybe Texas or Arizona pass a law naming every citizen of that state a member of their Militia.”


Better than that - especially since federal law names every male between 16 and 45, except those in the armed forces and certain federal office holders, as the militia - would be for said states to name every single holder of a carry license as a state law-enforcement officer. That way, each and every one of them would be able to get brand, spanking new full autos, and be in compliance with Title 18, Section 922(o). That’s the part of the ‘86 Firearm Owners Protection Act that bans new full autos from going to “mere civilians.”

The Lefties would have a cow...and within a year, there would be 2 million new full autos, and 5 million existing semi-autos with a “happy switch.”

Come ON, Governor Abbott, start pressing the Legislature to pass a bill like this!


81 posted on 08/25/2017 11:55:17 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: rktman

Here is some help for you, Breyer. It defines what the militia is.

https://www.law.cornell.edu/uscode/text/10/246

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.


82 posted on 08/25/2017 12:30:39 PM PDT by Blood of Tyrants (Conservatives love America for what it is. Liberals hate America for the same reason.)
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To: rktman

The “militia” starts with me and the firearm next to my bed. Any other definition is just some politician’s wet dream to power over an unarmed citizenry.


83 posted on 08/25/2017 1:54:28 PM PDT by TADSLOS (Reset Underway!)
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To: Blood of Tyrants

What’s this “under 45” crap?

Somebody out there really want to tell me that I’m too old to fulfill that oath?


84 posted on 08/25/2017 2:21:46 PM PDT by Unrepentant VN Vet (...against all enemies, foreign or domestic...)
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To: rktman

Sorry Breyer. It’s settled law. Read up on the Heller decision.


85 posted on 08/25/2017 2:38:45 PM PDT by Lazamataz (The "news" networks and papers are bitter, dangerous enemies of the American people.)
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To: Uncle Miltie

No, he’s right, though not in the way he thinks. It ain’t about burglars (or deer).


86 posted on 08/25/2017 4:02:18 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: rktman
In Breyer’s discussion he conveniently omits the very obvious words "of the people."

". . . the right of the people to keep and bear arms shall not be infringed.”

It does not say, ". . . the right of the State Militia to keep and bear arms shall not be infringed."

"No right to for an individual to keep a gun by his bed," my ass, Breyer, you Dunderheaded dolt! Learn to read!

87 posted on 10/03/2017 11:43:28 PM PDT by Swordmaker (My pistol self-identifies as an iPad, so you must accept it in gun-free zones, you racist, bigot!)
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To: rktman
Stupid framers.

Everybody knows that when they used the word “PEOPLE” In the 1st, 4th, 9th and 10th amendments, it was a different PEOPLE they were talking about in the 2nd Amendment.

88 posted on 10/04/2017 12:00:18 AM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves.)
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To: NorthMountain; tumblindice
“The Second Amendment: It Ain’t About Hunting”

Nope. Have you ever heard a hunter being said to be “bearing arms” against a deer or a duck? That’s because bearing arms is usually associated with military actions.

89 posted on 10/04/2017 12:05:31 AM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves.)
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