Redstate

in banning hand guns ? Or will Justice Roberts shame him into a sensible opinion ?

"a man's admiration for absolute government is proportinate to the contempt he feels for those around him". Tocqueville

from those who wrote the Constitution and amendments.

"... arms... discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. ...Horrid mischief would ensue were (the law-abiding) deprived the use of them." -Thomas Paine.

"On every question of construction (of the Constitution) let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed." -Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p322.

"Experience hath shewn, that even under the best forms [of government] those entrusted with power have, in time, and by slow operations, perverted it into tyranny." -Thomas Jefferson, Bill for the More General diffusion of Knowledge (1778).

"To disarm the people (is) the best and most effectual way to enslave them..." -George Mason, 3 Elliot, Debates at 380.

"The best we can hope for concerning the people at large is that they be properly armed." -Alexander Hamilton, The Federalist Papers at 184-B.

"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined...The great object is that every man be armed. Everyone who is able might have a gun.: -Patrick Henry.

"Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty or give me death!" -Patrick Henry

"To preserve liberty it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them..." -Richard Henry Lee writing in Letters from the Federal Farmer to the Republic (1787-1788).

"The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms." -Samuel Adams, debates & Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87.

"...the people have a right to keep and bear arms." -Patrick Henry and George Mason, Elliot, Debates at 185.

"The right of the people to keep and bear...arms shall not be infringed. A well regulated militia, composed of the people, trained to arms, is the best and most natural defense of a free country..." -James Madison, I Annals of Congress 434 (June 8, 1789).

"A militia, when properly formed, are in fact the people themselves... and include all men capable of bearing arms." -Richard Henry Lee, Additional Letters from the Federal Farmer (1788) at 169.

"The militia of the United States consists of all able-bodied males at least 17 years of age..." -Title 10, Section 311 of the U.S. Code.
(see www.law.cornel 1.edu/uscode/ )

"The people are not to be disarmed of their weapons. They are left in full possession of them." -Zachariah Johnson, 3 Elliot, Debates at 646.

"No free man shall ever be debarred the use of arms." -Thomas Jefferson, Proposal Virginia Constitution, 1 T. Jefferson Papers, 334 (C.J. Boyd, Ed., 1950).

"If the representatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self defense which is paramount to all positive forms of government,.."-
Alexander Hamilton, The Federalist (#28).

"As civil rulers, not having their duty to the people duly 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, Remarks on the First Part of the Amendments to the Federal Constitution, under the pseudonym "A Pennsylvanian" in the Philadelphia Federal Gazette, June 18, 1989 at col. 1.

"The right of the people to keep and bear arms has been recognized by the General Government; but the best security of that right after all is, the military spirit, that taste for martial exercises, which has always distinguished the free citizens of these States... Such men form the best barrier to the liberties of America." -gazette of the United States, October 14, 1789.

"Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe, the supreme power in America cannot enforce unjust laws by the sword: because the whole body of the people are armed, and constitute a force surperior to any bands of regular troops that can be, on any pretense, raised in the United States." - Noah Webster, An Examination into the Leading Principles of the federal Constitution (1787) in Pamphlets to the Constitution of the United States (P. Ford, 1888) .

"They that can give up liberty to obtain a little temporary safety deserve neither liberty nor safety." -Benjamin Franklin, Historical Review of Pennsylvania.

"The legitimate powers of government extend to such acts (only) as they are (injurious) to others." -Thomas Jefferson, Notes on the State of Virginia (1781-1785) .

"I ask, sir, what is the militia? It is the whole people, except for a few public officials." -George Mason, 3 Elliot, Debates at 425-426.

"The Constitution of most of our states (and of the United States) assert that all power is inherent_in_the pe_ople; that they may exercise it by themselves; that it is their right and duty to be at all times armed."
-Thomas Jefferson.

"(The Constitution preserves) the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms." -James Madison.

"Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." -Thomas Jefferson, quoting Cesare Beccaria.

"Arms in the hands of citizens (may) be used at individual discretion... in private self defense..." -John Adams, A defense of the Constitutions of the Government of the USA, 471 (1788).

"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks."

Thomas Jefferson, letter to Peter Carr, August 19, 1785

Will the Supreme Court read the history of the Bill of Rights? Will the rights of the people in the other 9 Amendments get special treatment, or will the whole of the Bill of Rights be found to cover only abortion.

Stay tuned for the new TV show, "The living Supreme Court". You can play along with this new tv reality show, people love these low buck no nothing shows so we want to make lots of them. Reality does not intrude, we substitue our own version of reality and play along. The show pretext, a living US Constitution, how will they read it today. This new syndicated TV show, slated for production right after Hillary Matters assumes the throne of President. Remember presidence replaces reality, so you can't depend on logic or history, the rules are made up as you play along, making the game far more exciting. After all, Hillary Matters has so many things she wants for the American people, starting with her new zoot suit green clothing line, a modern replacement for the Mao suit of times gone by.

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Miller was a punt, as Justice Roberts said at his confirmation hearings, the Court sidestepped the issue making no definitive determination. It's only liberals that see the 9 as the new 10 in the Bill of Rights. All the laws that liberals like to love are the ones that count, in their living mind.

Liberals, raise taxes, fund socialism and gun control. If you can't do it yourself, ask history what King George III had to say about it all.

that should be enough to be a guide, should be.

"a man's admiration for absolute government is proportinate to the contempt he feels for those around him". Tocqueville

I think an important tidbit needs to be addressed - who voted for Cert?

Justice Kennedy has been around a while. So, for that matter, have 7 of the 9 (W's nominees being the exceptions). They all know each other, and I would be surprised if they didn't have a pretty good idea of how cases will come out before they even wind up on the calendar.

Hence, if cert was granted because the conservative side of the Court wanted it, I would say you have a good chance of getting your wish. I doubt that Scalia and Thomas would want to see a case come up that they know will set a much more firm precedent AGAINST an individual right. If they feel they have Kennedy on their side though, they might want to grab the opportunity now. Same goes for the liberals - if Ginsburg, Stevens and Breyer think that hearing the case will enshrine an individual right here, they would likely be more willing to let the Circuit Court stand and hold off until (they hope) Hillary can bolster their side and they can bring up some other case and gut the Second "once and for all."

So, the cert vote could be an earlier indicator of the odds on both sides.

Rudy supports these unconstitutional bans on hand guns. What could the political fallout be should the Supreme Court do the right thing and uphold the Constitution? Futhermore, should we be concerned about the appointments Rudy would make to the Court?

On the one hand, Kennedy could be true to the actual Constitution and its clear original meaning. On the other, he could be the hero of law school professors, the NYTimes, Wa Post, and European intellectuals.

Why am I not filled with confidence on this one? Who expects the author of the 'sweet mystery of life' doctrine of constitutional interpretation to get this right?

If only we could go back in time and have Reagan do that one over...after he corrects the O'Connor pick first of course.