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Gun Control & RKBA
In reply to the discussion: The only "well regulated militia" [View all]jimmy the one
(2,726 posts)28. cruikshank; maybe 21 militia, 5 individual
U.S. v. Cruikshank (1876) Cruikshank was the first Second Amendment case to reach the Supreme Court. Among the counts against Cruikshank et. al, were charges to deprive two blacks of their First and Second Amendment rights.
... regarding the Second Amendment violations the supreme court wrote:
1 The second [count of indictment] avers an intent to hinder and prevent the exercise by the same [2 black] persons of the 'right to keep and bear arms for a lawful purpose.'
2 The right there specified is that of "bearing arms for a lawful purpose."This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow-citizens of the rights it recognizes, to what is called..."internal police."
Repeat excerpt above: The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution.
So tell me chaps, how is it that 'bearing arms for a lawful purpose', is not a right granted by the constitution/bill of rights, per the 1876 supreme court. Isn't that what the individual right interpretation perpetrated by scalia, is essentially supposed to mean? An individual right to bear arms for a lawful purpose?
I believe this decision was also unanimous, 9 - 0. Anyone know for sure?
Cruikshank has been cited for over a century by supporters of restrictive state and local gun control laws such as the Sullivan Act.
While cruikshank decision was white power inspired to, inter alia, hinder blacks voting, the above wording provides their interpretation of 2ndA in 1876.
The Cruikshank ruling allowed groups such as the Ku Klux Klan to flourish and continue to use paramilitary force to suppress black voting. As white Democrats dominated the Southern legislatures, they turned a blind eye on the violence. They refused to allow African Americans any right to bear arms. https://caselaw.findlaw.com/us-supreme-court/92/542.html#
... regarding the Second Amendment violations the supreme court wrote:
1 The second [count of indictment] avers an intent to hinder and prevent the exercise by the same [2 black] persons of the 'right to keep and bear arms for a lawful purpose.'
2 The right there specified is that of "bearing arms for a lawful purpose."This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow-citizens of the rights it recognizes, to what is called..."internal police."
Repeat excerpt above: The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution.
So tell me chaps, how is it that 'bearing arms for a lawful purpose', is not a right granted by the constitution/bill of rights, per the 1876 supreme court. Isn't that what the individual right interpretation perpetrated by scalia, is essentially supposed to mean? An individual right to bear arms for a lawful purpose?
I believe this decision was also unanimous, 9 - 0. Anyone know for sure?
Cruikshank has been cited for over a century by supporters of restrictive state and local gun control laws such as the Sullivan Act.
While cruikshank decision was white power inspired to, inter alia, hinder blacks voting, the above wording provides their interpretation of 2ndA in 1876.
The Cruikshank ruling allowed groups such as the Ku Klux Klan to flourish and continue to use paramilitary force to suppress black voting. As white Democrats dominated the Southern legislatures, they turned a blind eye on the violence. They refused to allow African Americans any right to bear arms. https://caselaw.findlaw.com/us-supreme-court/92/542.html#
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Disagree; we the people, all of us, need to be ready to defend our country.
LongtimeAZDem
Jan 2021
#1
"Well regulated" as intended, means that every citizen is trained, equipped, and prepared
LongtimeAZDem
Jan 2021
#3
Quibble all you want. If January 6 didn't wake you up, I won't argue with you.
LongtimeAZDem
Jan 2021
#5
Huh, well since there have been no SCOTUS decisions on this issue, I guess you're... wait a minute!
krispos42
Aug 2021
#27
The antigun (like all true believers, of any sort), have their 'articles of faith'- or...
friendly_iconoclast
Jan 2021
#12
So now that trump's gone, that "well regulated militia" thing comes back into play.
Paladin
Jan 2021
#13
"You gun rights people sure were quiet..." About what? What do *you* think ought to have been said?
friendly_iconoclast
Jan 2021
#14