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To: Wee-Weed Up
It specifically says in the Constitution, in the a state of emergency, the government can temporarily suspend the 2nd Amendment in order to get things under control.

Section 9 - Limits on Congress
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Habeas Corpus
habeas corpus n. Law A writ issued to bring a party before a court to prevent unlawful restraint. [<Med. Lat., you should have the body] Source: AHD

Just How does that apply to the 2nd amendment?

For Reference:
Merriam-Webster Online Dictionary: bait and switch

1 : a sales tactic in which a customer is attracted by the advertisement of a low-priced item but is then encouraged to buy a higher-priced one
2 : the ploy of offering a person something desirable to gain favor (as political support) then thwarting expectations with something less desirable

Where does it specifically say “in the a state of emergency, the government can temporarily suspend the 2nd Amendment in order to get things under control. “?

55 posted on 02/22/2010 10:43:11 AM PST by chainsaw56 (Do you have the right to defend yourself??)
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To: chainsaw56

“Where does it specifically say”?

Right here

The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which states:

“ The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

“Just How does that apply to the 2nd amendment?”

Gee, I don’t know, when you have a bunch of armed people running around in New Orleans after Katrina, looting places and law enforcement is in shambles, which causes a concern for the safety of the citizens of N.O., I’m pretty sure this aplies. But like I said, it’s up to the court to decide if the reasons for the government to issue this are legitimate.


57 posted on 02/22/2010 10:53:42 AM PST by Wee-Weed Up
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To: chainsaw56
Amendments as additions and clarifications have greater legal authority than original wording. So even if I were to be persuaded "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it" has anything to do with confiscation of firearms, the legally defining statement of the second amendment is legally superior.

Whereas the statement "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" leaves no room for suspension the constitutional right cannot be legally infringed even in a so called emergency. Also note, habeas is called a privilege, the second ammendment is not merely a privilege but a right. A right given for the stated purpose of "...in order to prevent misconstruction or abuse of its (governments') 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."

BOR is radically opposed to the constitution. What the police are supposed to do when they encounter looters, gangs etc is arrest them and if violently opposed shoot them! Then, after the badguy is shot they can legally remove their firearms to complete the arrest or safely transport them to the morgue. Keep the public well armed so that they too can protect themselves from looters, thieves and even rouge government agents.

85 posted on 02/22/2010 11:18:36 AM PST by DaveyB (Alcohol ,Tobacco and Firearms should be a convenience store not a bureaucracy!)
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