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Breyer: Second Amendment Not About 'the Right of an Individual to Keep a Gun Next to His Bed'
pjmedia.com ^ | 8/23/2017 | Bridget Johnson

Posted on 08/23/2017 9:19:16 AM PDT by rktman

Asked about his thoughts on the Second Amendment, Breyer recalled that in Article I of the Constitution "it gives to the Congress the power to call up and regulate state militias."

"There was a lot of concern, if you read the Federalist Papers, you will just get a feeling for it. There was a lot of concern and fear that Congress might do that and disband them, and replace the state militias after they had disbanded them with a federal army. And that, many people said, vote no on the Constitution because if they can do that, then the federal government can destroy your freedom," he said. "Well, said Madison, in a sense, if I paraphrase him, never fear. We will put in the Constitution an amendment which says Congress can't do that. It cannot call up and disband the state militias. Why? Because a well-armed militia is necessary for the security of a free state, i.e. a state militia."

"And therefore the right to keep and bear arms shall not be infringed. In other words, they were talking about that. That's what I thought they were talking about, which is not the right of an individual to keep a gun next to his bed."

(Excerpt) Read more at pjmedia.com ...


TOPICS: Constitution/Conservatism; Government; Philosophy; Politics/Elections
KEYWORDS: 2a; banglist; breyer; scotus
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Hmmm. I know ice cream that has better comprehension skills than this bowlfull of breyers. The founders wrote what they intended. If they wanted infringements and exclusions and caveat, they would have been included.
1 posted on 08/23/2017 9:19:16 AM PDT by rktman
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To: rktman

If it’s not, we have a, (ahem), “Problem”.


2 posted on 08/23/2017 9:21:22 AM PDT by Uncle Miltie (The Washington Post is Jeff Bezos' Fake News unregulated SuperPAC.)
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To: rktman

and Breyer, where does a “state militia” come from?


3 posted on 08/23/2017 9:23:04 AM PDT by PGR88
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To: rktman
The Address and Reasons of Dissent of the Minority of the Convention of Pennsylvania to their Constituents

December 12, 1787

That the people have a right to bear arms for the defence of themselves and their own state, or the United States, or for the purpose of killing game; and no law shall be passed for disarming the people or any of them, unless for crimes committed, or real danger of public injury from individuals;

4 posted on 08/23/2017 9:23:38 AM PDT by jdege
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To: rktman

Hey dumbass,

The “militia” was every able body male who would have to bring their OWN WEAPONS.


5 posted on 08/23/2017 9:25:52 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: rktman

Breyer simply ignores the pre-established right to bear arms that the colonists, as English citizens, had enjoyed long before the Constitution, as well as the natural right that had long been recognized by philosophers even before the English law codified it.


6 posted on 08/23/2017 9:26:08 AM PDT by Boogieman
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To: rktman

The important part is “ the right of the people to keep and bear arms shall not be infringed” and could not be any clearer.

Leftists like to muddy the water with the preamble, which simply explains why “the right of the people to keep and bear arms shall not be infringed”.

It does not say the right of the states, it says the people.

It simply codifies the natural law right to self-defense that is inherent and God-given.


7 posted on 08/23/2017 9:26:47 AM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here Of Citizen Parents - Know Islam, No Peace -No Islam, Know Peace)
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To: rktman

Extreme, willful and dangerous stupidity. If I was a waste-of-air con-gress critter, I would immediately start pushing to have him removed.


8 posted on 08/23/2017 9:28:10 AM PDT by wastedyears (Iron Maiden can't be fought)
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To: rktman

Dear Justice Breyer,
the constitution does NOT give the courts (or any part of the government) any power whatsoever to regulate, limit, restrict, license, control, authorize, tax, or otherwise infringe on our rights to keep and bear arms. Any court orders or laws to the contrary are ultra vires illegal and will not be complied with. Period. End of file. Any attempt to confiscate our property will me responded to with whatever force is required to terminate it. (This is America, not Nazi Germany or the Soviet Union. Get a copy of the United States Constitution and read it, please.)

So why shoot your silly mouth off, just to make a fool of yoruself?


9 posted on 08/23/2017 9:28:55 AM PDT by faithhopecharity ("Politicans are not born, they're excreted." -- Marcus Tillius Cicero)
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To: rktman

The Founders knew that an armed citizenry is a free citizenry...’the right to keep and bear arms shall not be infringed......this couldn’t be more clear.


10 posted on 08/23/2017 9:29:56 AM PDT by yoe
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To: rktman

it’s for hunting ... /s


11 posted on 08/23/2017 9:30:43 AM PDT by bankwalker (Immigration without assimilation is an invasion.)
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To: rktman

And therefore the right to keep and bear arms shall not be infringed.


His thinking is technically correct regarding the REASON for the second. However, what it says is what it says. The “reason” for the freedom is not paramount. What is paramount is the freedom itself.

And he leaves out “the people” in his statement. Wherever the constitution uses the phrase, “the people”, it means “each and every citizen, individually”.

Every time.

The foundation upon which the bill of rights rests is the rights of the individual citizen.


12 posted on 08/23/2017 9:32:22 AM PDT by robroys woman
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To: rktman

That’s a globalist wolf whistle if I ever heard one.


13 posted on 08/23/2017 9:33:11 AM PDT by Hat-Trick (Do you trust a government that cannot trust you with guns?)
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To: rktman
Good thing Judge Joseph J. Bruzzese Jr. didn't leave his handgun at home, by his bed.
14 posted on 08/23/2017 9:33:12 AM PDT by Daffynition (The New PTSD: PRESIDENT-Trump Stress Disorder - The LSN didnÂ’t make Trump, so they can't break him)
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To: rktman

If the founding fathers had intended for the people to give up their guns, they would have confiscated them at the very beginning.

I tired of these so-called enlightened intellectuals, who appear to me to be half-wit morons that can’t reason their way out of a wet paper bag. What Breyer says about it is utter nonsense.


15 posted on 08/23/2017 9:33:23 AM PDT by RatRipper (Unindicted co-conspirators: the Mainstream Media and the Democratic Party)
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To: rktman

16 posted on 08/23/2017 9:34:03 AM PDT by Fiddlstix (Warning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: rktman
if you read the Federalist Papers, you will just get a feeling for it

BS. If one reads AND comprehends the Federalist Papers it is obvious that is not at all what they say.

You don't "feel" anything. Typical leftist.

The Constitution Says What It Means & Means What It Says - Justice Scalia

17 posted on 08/23/2017 9:34:32 AM PDT by ChildOfThe60s (If you can remember the 60's....You weren't really there)
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To: rktman

ps: numerous police chiefs and sheriffs have pointed out the OBVIOUS, that they CANNOT protect American citizens from attack, they can only respond after the fact (and help the coroner clean up your blood, perhaps)

The police chiefs and sheriffs have recommended people arm themselves if they want any actual protection from attack

and yes, the 2d amendment is not about the people’s right to have a firearm by the bed. the 2d amendment is about the people’s right to have a firearm by their beds, in their homes, and with them anywhere they wish to go and travel in America. it is a right to keep AND BEAR arms, not just keep them under your mattress. Americans have the right to self-defense IN AMERICA, not just by their bedsides.

Please, Breyer, get a United States Constitution and at least read the 2d amendment. It will only take a minute or two of your valuable time. Thank you.


18 posted on 08/23/2017 9:35:54 AM PDT by faithhopecharity ("Politicans are not born, they're excreted." -- Marcus Tillius Cicero)
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To: robroys woman

Similar interpretation by the press of Trump’s comments. “The people” only means white supremacists. Or something. ;-) A country full of fidiots. Sadly, some are in positions of power.


19 posted on 08/23/2017 9:36:06 AM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
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To: rktman

Intentional logical fallacy.


20 posted on 08/23/2017 9:36:15 AM PDT by Sequoyah101 (It feels like we have exchanged our dreams for survival. We just have a few days that don't suck.)
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