The2ndAmendment
Gold Member
- Feb 16, 2013
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Full text of Heller case:
http://jpfo.org/pdf02/heller-opinion-07-290.pdf
[MENTION=20412]JakeStarkey[/MENTION]
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Did the SCOTUS admit that Nullification is legal and needs to be backed up by armed force in this segment?
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http://jpfo.org/pdf02/heller-opinion-07-290.pdf
[MENTION=20412]JakeStarkey[/MENTION]
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Finally, the adjective “well-regulated” implies nothingmore than the imposition of proper discipline and training.
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When the able-bodied men of a nation are trained in arms and organized, they are better able to resist tyranny.
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The debate with respect to the right to keep and bear arms, as with other guarantees in the Bill of Rights, was not over whether it was desirable (all agreed that it was) but over whether it needed to be codified in the Constitution. During the 1788 ratification debates, the fear that the federal government would disarm the people in order to impose rule through a standing army.
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When a select militia is formed; the people in general may be disarmed.
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It was understood across the political spectrum that the right helped to secure the ideal of a citizen militia, which might be necessary to oppose an oppressive military force if the constitutional order broke down. It is therefore entirely sensible that the Second Amendment’s prefatory clause announces the purpose for which the right was codified: to prevent elimination of the militia. The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting. But the threat that the new Federal Government would destroy the citizens’ militia by taking aw ay their arms was the reason that right—unlike some other English rights—was codified in a written Constitution.
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JUSTICE STEVENS thinks it significant that the Virginia, New York, and North Carolina Second Amendment proposals were “embedded . . . within a group of principles that are distinctly military in meaning,” such as statements about the danger of standing armies.
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This may be considered as the true palladium of liberty . . . . The right to self-defence is the first law of nature: in most governments it has been the study of rulers to confine the right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever , prohibited, liberty, if not already annihilated, is on the brink of destruction.”
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One of the ordinary modes, by which tyrants accomplish their purposes without resistance, is, by disarming the people, and making it an offense to keep arms, and by substituting a regular army in the stead of a resort to the militia.
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blacks were treated as a “dangerous population","laws have been passed to prevent their migration into this State; to make it unlawful for them to bear arms;
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The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers, trampled under foot by Charles I. and his two wicked sons and successors, reestablished by the revolution of 1688, conveyed to this land of liberty by the colonists, and finally incorporated conspicuously in our own Magna Charta!
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Blacks were routinely disarmed by Southern States after the Civil War.
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But a militia would be use- less unless the citizens were enabled to exercise them- selves in the use of warlike weapons. To preserve this privilege, and to secure to the people the ability to op- pose themselves in military force against the usurpation of f government, as well as against enemies from without, that government is forbidden by any law or proceeding to invade or destroy the right to keep and bear arms.
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The right to bear arms has always been the distinctive privilege of freemen.
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This holding is not only consistent with, but positively suggests, that the Second Amendment confers an individual right to keep and bear arms (t
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The traditional militia was formed from a pool of men bringing arms “in common use at the time."
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The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms.
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Confirms that the Framers’ single-minded focus in crafting the constitutional guarantee “to keep and bear arms” was on military uses of firearms.
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Similarly, the words “the people” in the Second Amendment refer back to the object announced in the Amendment’s preamble. They remind us that it is the collective action of individuals having a duty to serve in the militia that the text directly protects and, perhaps more importantly, that the ultimate purpose of the Amendment was to protect the States’ share of the divided sovereignty created by the Constitution.
Did the SCOTUS admit that Nullification is legal and needs to be backed up by armed force in this segment?
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As used in the Fourth Amendment, “the people” describes the class of persons protected from unreasonable searches and seizures by Government officials. It is true that the Fourth Amendment describes a right that need not be exercised in any collective sense.
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“To keep and bear Arms” Although the Court’s discussion of these words treats them as two “phrases”—as if they read “to keep” and “to bear”—they describe a unitary right: to possess arms if needed for military purposes and to use them in conjunction with military activities.
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