Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Greystoke
But there were legal precedents from the days of the Founding Fathers that banned frightening weapons which a constitutional originalist like himself must recognize. There were also "locational limitations" on where weapons could be carried, the justice noted.

I'll see your "constitutional originalist" and raise you a "Declarationist", Scalia.

http://en.wikipedia.org/wiki/Declarationism

You see, "Declarationists" are a big problem for so-called "Constitutionalists" who go off the rails and start tampering with Natural Rights, because Declarationists have trump.

One should point out to Scalia that the Founding Fathers actually played that trump card, the card that beats tyrannical, despotic (fascist) governments.

108 posted on 07/29/2012 12:25:27 PM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
[ Post Reply | Private Reply | To 1 | View Replies ]


To: kiryandil
There were also "locational limitations" on where weapons could be carried, the justice noted.

Back in those days, states considered themselves exempt from the Federal constitution. Some even had state religions. Using 'local limitations' is an invalid argument. The question is - did the early federal government outlaw certain firearms?

113 posted on 07/29/2012 12:45:41 PM PDT by aimhigh
[ Post Reply | Private Reply | To 108 | View Replies ]

To: kiryandil

Gov. Henry said it well when he noted that “he smelt a rat tending to monarchy.”


122 posted on 07/29/2012 1:00:25 PM PDT by RKBA Democrat (Vote for willard. Because "our" pro-abort, anti-gun socialist is SO much better than theirs.)
[ Post Reply | Private Reply | To 108 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson