
Originally Posted by
Lower_Jumper
The Heller Supreme Court decision made on June 26th, 2008 says you need a better mirror.
That opinion was blatant judicial activism. The object of the Second Amendment was to remove "all room for doubt or uneasiness upon the subject" "that Congress should neglect to provide for" arming the militia.The convention of Virginia...proposed the following amendment to the constitution; "that each state respectively should have the power to provide for organizing, arming, and disciplining it's own militia, whenever congress should neglect to provide for the same"... all room for doubt, or uneasiness upon the subject, seems to be completely removed, by the fourth article of amendments to the constitution, since ratified, viz. "That a militia being necessary to the security of a free state, the right of the people to keep, and bear arms, shall not be infringed."
--Saint George Tucker; commenting on Article 1 - Section 8 - Clause 12 of the U. S. Constitution; 1803
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St. George Tucker, Blackstone's Commentaries 1:App. 272--75
The objects of this clause of the constitution, although founded upon the principle of our state bill of rights, Art. 8, declaring, "that a well regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defence of a free state," were thought to be dangerous to the state governments. The convention of Virginia, therefore, proposed the following amendment to the constitution; "that each state respectively should have the power to provide for organizing, arming, and disciplining it's own militia, whenever congress should neglect to provide for the same." . . . A further amendment proposed, was, "that the militia should not be subject to martial law, except when in actual service, in time of war, rebellion, or invasion." . . . A provision manifestly implied in the words of the constitution. As to the former of these amendments, all room for doubt, or uneasiness upon the subject, seems to be completely removed, by the fourth article of amendments to the constitution, since ratified, viz. "That a militia being necessary to the security of a free state, the right of the people to keep, and bear arms, shall not be infringed." . . . To which we may add, that the power of arming the militia, not being prohibited to the states, respectively, by the constitution, is, consequently, reserved to them, concurrently with the federal government. In pursuance of these powers, an act passed, 2 Cong. 1 Sess. c. 33, to provide for the national defence, by establishing an uniform militia throughout the United States; and the system of organization thereby established, has been carried into effect in Virginia, and probably in all the other states of the union.
--Saint George Tucker; commenting on Article 1 - Section 8 - Clause 12 of the U. S. Constitution; 1803
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Saint George Tucker was acknowledged as the finest legal mind in Virginia during the early days of the Republic. He was a personal friend and political ally of Thomas Jefferson and James Madison.
Tucker held the most respected law school position in Virginia and James Madison made him a U. S. District Judge. He is considered to be the foremost expositor of Jeffersonian Republicanism.
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