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SamAdams1776
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September 29, 2016
You are correct: the right is assumed as a natural pre-existing right. The Preamble to the Bill of Rights states its purpose as restricting government, not to restrict our rights. SCOTUS not only got the idea wrong that rights are somehow limited. They are NOt! You do NOT have the right to incite a riot by yelling fire in a theater WHEN there is NO fire anymore than you can brandish a weapon. But the right to keep and BEAR them IS unlimited. And any and all that are EQUAL to what soldiers MIGHT carry into battle. Furthermore, SCOTUS STOLE the power of judicial review of laws. It cannot be found anywhere in the constitution. It was stolen in Marbury v Madison and Thomas Jefferson wrote more than a few letters on judicial tyranny and how it was meant for the STATES to decide on constitutionality of Federal laws. Remember, the states CREATED the Federal government not the other way around. This issue needs to get settled--either by constitutional convention OR by civil war. I am good with either. SamAdams1776 III Oath keeper Molon Labe No Fort Sumters Qui tacet consentire videtur, ubi loqui debuit ac potuit Quis custodiet ipsos custodes? Corruptissima re publica plurimae leges. Idque apud imperitos humanitas vocabatur, c um pars servitutis esset
SamAdams1776
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September 29, 2016
One other point from Tenche Coxe makes it very clear: "The power of the sword, say the minority…, is in the hands of Congress. My friends and countrymen, it is not so, for The powers of the sword are in the hands of the yeomanry of America from sixteen to sixty...Their swords and every terrible implement of the soldier are the birthright of Americans. The unlimited power of the sword is not in the hands of either the federal or state governments but where, I trust in God, it will always remain, in the hands of the people." Tenche Coxe, Feb. 20, 1788 Not in the hands of the Federal OR State governments, but in the hands of the people. Individuals--why? As a prophylactic against tyranny or as a remedy if the preventative measure fail. A remedy we may soon have cause to require. SamAdams1776 III Oath keeper Molon Labe No Fort Sumters Qui tacet consentire videtur, ubi loqui debuit ac potuit Quis custodiet ipsos custodes? Corruptissima re publica plurimae leges. Idque apud imperitos humanitas vocabatur, c um pars servitutis esset
SamAdams1776
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September 29, 2016
The author is ignorant of the founders and of the Bill of Rights (BOR) The BOR confers NO rights; it limits government. The Second Amendment offers 1 reason, not the sole reason the rights is protected. It's purpose was CLEARLY stated by one of the founders: Tenche Coxe: "As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms."--Tench Coxe in ‘Remarks on the First Part of the Amendments to the Federal Constitution' June 18, 1789 See the part about PRIVATE ARMS and the REASON: fight tyranny.
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FrankInFL
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September 29, 2016
If the 2nd amendment was meant as a collective right applicable to militia members only, this has to rank as THE most closely-guarded secret in all of US history. No -- that is, zero, none, nary a one -- contemporary sources survive that advocate that position, they having all (obviously) been destroyed to keep the terrible secret. What nonsense! Further, the 2nd amendment GIVES nothing. It protects a right that -- by the plain language of the text -- is presumed to exist before the Bill of Rights, before the Constitution, and before society itself. Any other reading is speculation.
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