Shall Not Infringe

Shall Not Infringe

This is a discussion on Shall Not Infringe within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; For those that question how the 2nd amendment was understood during the founding and early history of the U.S. this quote from an early case ...

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  1. #1
    Senior Member Array 2edgesword's Avatar
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    Shall Not Infringe

    For those that question how the 2nd amendment was understood during the founding and early history of the U.S. this quote from an early case (Bliss v. Commonwealth, 1822) might shed some light.

    Bliss v. Commonwealth.

    "That the provisions of the act (this was an act prohibiting concealed carry of a handgun) in question do not import an entire destruction of the right of the citizens to bear arms in defence of themselves and the state, will not be controverted by the court; for though the citizens are forbid wearing weapons concealed in the manner described in the act, they may, nevertheless, bear arms in any other admissible form. But to be in conflict with the constitution, it is not essential that the act should contain a prohibition against bearing arms in every possible form; it is the right to bear arms in defence of the citizens and the state, that is secured by the constitution, and whatever restrains the full and complete exercise of that right, though not an entire destruction of it, is forbidden by the explicit language of the constitution.

    If, therefore, the act in question imposes any restraint on the right, immaterial what appellation may be given to the act, whether it be an act regulating the manner of bearing arms or any other, the consequence, in reference to the constitution, is precisely the same, and its collision with that instrument equally obvious.

    And can there be entertained a reasonable doubt but the provisions of the act import a restraint on the right of the citizens to bear arms? The court apprehends not. The right (to bear arms) existed at the adoption of the constitution; it had then no limits short of the moral power of the citizens to exercise it, and it in fact consisted in nothing else but in the liberty of the citizens to bear arms. Diminish that liberty, therefore, and you necessarily restrain the right; and such is the diminution and restraint, which the act in question most indisputably imports, by prohibiting the citizens wearing weapons in a manner which was lawful to wear them when the constitution was adopted. In truth, the right of the citizens to bear arms, has been as directly assailed by the provisions of the act, as though they were forbid carrying guns on their shoulders, swords in scabbards, or when in conflict with an enemy, were not allowed the use of bayonets; and if the act be consistent with the constitution, it cannot be incompatible with that instrument for the legislature, by successive enactments, to entirely cut off the exercise of the right of the citizens to bear arms. For, in principle, there is no difference between a law prohibiting the wearing concealed arms, and a law forbidding the wearing such as are exposed; and if the former be unconstitutional, the latter must be so likewise."
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    Member Array popeye01's Avatar
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    Marco Rubio, the man running for Senate from Florida stated it perfectly at the CPAC convention yesterday. He said "It is the job of government to protect our rights, not grant them"
    The Second Amendment should be the only gun law!

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    Quote Originally Posted by popeye01 View Post
    Marco Rubio, the man running for Senate from Florida stated it perfectly at the CPAC convention yesterday. He said "It is the job of government to protect our rights, not grant them"
    The Second Amendment should be the only gun law!
    Well Said!!!!!!!!
    NOT LIVING IN FEAR, JUST READY!!!
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    nor the arrow for its swiftness,
    nor the warrior for his glory.
    I love only that which they defend.
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    VIP Member Array zacii's Avatar
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    Quote Originally Posted by popeye01 View Post
    Marco Rubio, the man running for Senate from Florida stated it perfectly at the CPAC convention yesterday. He said "It is the job of government to protect our rights, not grant them"
    The Second Amendment should be the only gun law!
    + 2
    Trust in God and keep your powder dry

    "A heavily armed citizenry is not about overthrowing the government; it is about preventing the government from overthrowing liberty. A people stripped of their right of self defense is defenseless against their own government." -source

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    Mic
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    Quote Originally Posted by zacii View Post
    + 2
    + 3
    We need more like him
    Timid people sleep peacefully at night because rough men stand ready to do violence on their behalf.


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    Quote Originally Posted by popeye01 View Post
    Marco Rubio, the man running for Senate from Florida stated it perfectly at the CPAC convention yesterday. He said "It is the job of government to protect our rights, not grant them"
    The Second Amendment should be the only gun law!


    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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    VIP Member Array rottkeeper's Avatar
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    Quote Originally Posted by popeye01 View Post
    Marco Rubio, the man running for Senate from Florida stated it perfectly at the CPAC convention yesterday. He said "It is the job of government to protect our rights, not grant them"
    The Second Amendment should be the only gun law!
    Our constitutional scholar and POTUS seemed to have skipped those classes in law school.
    For as the lightning comes from the east and flashes to the west, so also will the coming of the son of man be. Mathew 24:27

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    GM
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    Quote Originally Posted by popeye01 View Post
    Marco Rubio, the man running for Senate from Florida stated it perfectly at the CPAC convention yesterday. He said "It is the job of government to protect our rights, not grant them"
    The Second Amendment should be the only gun law!
    Amen!
    "The Second Amendment: America's Original Homeland Security"

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