Early Constitutional scholars recognized the right to bear arms as fundamental

koshergrl

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Aug 4, 2011
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In 1803 St. George Tucker wrote "View of the Constitution with Selected Writings". Tucker was admitted to the bar in 1773, and was present in Richmond when Patrick Henry made his "Give me liberty or give me death!" appeal.

He was a colonel during the Revolutionary War. "After the war, Tucker’s law practice flourished. He was appointed one of the committee to revise the laws of Virginia, and he served with James Madison and Edmund Randolph as Virginia commissioners to the Annapolis Convention. Tucker’s career as an expounder of the new constitutions of Virginia and of the United States began in 1790 when he succeeded Wythe as professor of law at William and Mary.:

In 1803 he became a judge of the highest court in Virginia.

"The right of self defense is the first law of nature: in most government it has been the study of rules to confirm this 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 color of pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."

"That’s going to be a disappointment to everyone saying the Second Amendment only refers to muskets and/or militias (especially those “sitting in” on the House floor). Tucker isn’t suggesting only certain people (militia members) should own weapons; he’s saying everyone has the right to own a gun (whether it’s a musket, pistol, AR-15, etc.). He may even be suggesting letting people own weapons will keep the government from using the army to attack civilians in the name of tyranny (what’s the use of a pistol if those who are attacking you are using AR-15’s).

It’s here where Tucker shows just how limited the government was supposed to be, when he compares our Second Amendment with the English law it was based on.

"In England, the people have been disarmed, generally, under the specious pretext of preserving the game: a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes. True it is, their bill of rights seems at first view to counteract this policy: but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorize the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game. So that not one man in five hundred can keep a gun in his house without being subject to a penalty."



View of the Constitution of the United States with Selected Writings - Online Library of Liberty

“Shock” find: early Constitutional scholar called 2A “palladium of liberty” - Hot Air
 
"If an acquaintance with the constitution and laws of our country be requisite to preserve the blessings of freedom to the people, it necessarily follows that those who are to frame laws or administer the government should possess a thorough knowledge of these subjects. For what can be more absurd than that a person wholly ignorant of the constitution should presume to make laws pursuant thereto? or that one who neither understands the constitution nor the law, should boldly adventure to administer the government! Yet such instances occur not unfrequently in all countries, and the danger that they will frequently occur in this, is perhaps greater than in any other. The road to office, in most other countries is filled with a thousand turnpikes, which are rarely opened but to the rich and powerful. These possess at least the means of education and information. With us it is equally open to all; but men of talents and virtue are not always the foremost in the course; persons of this description are generally more backward, than those of inferior pretensions, to the confidence of the people; a confidence which, if they do not, they are infinitely more liable to abuse, than if their minds had been properly enlightened by study and application."

View of the Constitution of the United States with Selected Writings - Online Library of Liberty
 

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