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Subdeacon Joe

Something I Cobbled Together & Put On Facebook a Few Years Ago

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From 2013, a comment on Obama's call for doing away with the 2nd Amendment:

"Ah, yes...saving an emotion driven call to strip rights from us for the end. Even BIDEN, who is not the brightest crayon in the box, has recognized and said aloud that none of this anti-civil rights legislation will do any good.

To all of you saying, "Oh yes! We must take away even more civil rights!"

Let's back up to Civics 1a. Why do we have the Bill of Rights? From the Preamble to the Bill of Rights: "THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."

And, from SCOTUS, West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943) Justice Robert Jackson:

"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."

From the Preamble we see that the Bill of Rights is a limit on the government, a preemptive strike if you will, saying that some things the federal government has no power over. WV Board of Edu. v. Barnette supports that and very clearly states that the rights enumerated in the BoR have been taken out of the public arena. It "withdraws... from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials..." In other word, SCOTUS says Congress can't touch any of the rights in the BoR, nor can the people by any vote. The most you can do is punish someone who causes harm to others by abusing those rights.

Then we get to the 2nd Amendment. It doesn't say "The right of the State" or "the right of the militia" or "the right of members of the militia.' It says "The right of the people." And those are the same "people" where in other articles of the BoR everyone agrees it means the individual citizen. What does it say about that right? It says that it shall not be infringed. What does "infringed" mean?

"in·fringe
/inˈfrinj/
Verb

Actively break the terms of (a law, agreement, etc.): "infringe a copyright".

Act so as to limit or undermine (something); encroach on: "infringe on his privacy".

Synonyms
violate - transgress - break - contravene - trespass".

ANY interference would seem to be an infringement."

 
 
 
 
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8 hours ago, The Original Lumpy Gritz said:

Joe-That should be a permanent 'sticky' in this sub-forum.

OLG

 

 

Thanks,  Maybe the boss can add it.

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