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Miers on the Right to Keep and Bear Arms
The Volokh Conspiracy (law blog) ^ | 3 Oct 05 | David Kopel

Posted on 10/03/2005 4:44:43 PM PDT by MikeJ

[...]

"How does a free society prevent" such crimes, she asked. She then explained:

The same liberties that ensure a free society make the innocent vulnerable to those who prevent rights and privileges and commit senseless and cruel acts. Those precious liberties include free speech, freedom to assemble, freedom of liberties, access to public places, the right to bear arms and freedom from constant surveillance. We are not willing to sacrifice these rights because of the acts of maniacs.

Miers, however, rejected the notion that "precious liberties", including "the right to bear arms," should be sacrificed in the name of crime prevention. Quite obviously, she was referring to the "right to bear arms" as an individual right.

[...]

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


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: banglist; cnim; guns; miers; rkba; second
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To: 45Auto

"Kerry was for the RKBA too."

Huh? You and I must have been looking at two different John F. Kerrys last year. All I saw was somebody staging photo ops with guns, ACTING LIKE he was for the right to keep and bear arms. Remember the interview when he told how he hunts deer? Real deer hunters are still laughing about that.

Kerry supported the gun-grabbing Million Mom March, and he came off the campaign trail to vote for a piece of anti-gun legislation (legislation, by the way, that was originally pro-gun, but got poisoned with anti-gun amendments).

Kerry is the worst kind of gun-grabber, because he tries to fool the voters into thinking he's pro-gun when actually he never met a piece of gun-grabbing legislation he didn't like. I know the NRA gave Kerry a big "F" rating for his gun-grabbing efforts. Remember the "That dog don't hunt" ad? I'll bet GOA feels the same about him.

The sooner that lying POS is out of public office the happier I'll be.


61 posted on 10/03/2005 8:59:55 PM PDT by billnaz (What part of "shall not be infringed" don't you understand?)
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To: MikeJ

Sorry, that won't be good enough for the Pat-Bots. She'll have to do better than that.


62 posted on 10/03/2005 9:01:53 PM PDT by Deb (Beat him, strip him and bring him to my tent!)
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To: MikeJ

I'm beginning, just beginning to like Miers. I do not like the way she was presented - a consensus candidate who was picked to avoid a fight with Shumer and Reid.


63 posted on 10/03/2005 9:07:38 PM PDT by NeoCaveman (but no more kool aid)
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To: RedStateRocker
"All I ask, Lord, All I ask is protection for the Second amendment; it's the one that protects all the others."

Yes. It's a bit like locking up the house with the face of a pit bull peeking out the window. It keeps the honest people honest.

64 posted on 10/03/2005 9:08:46 PM PDT by Tench_Coxe
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To: RedStateRocker

I am always in awe of Our Founding Fathers, between the documents they created and the way the government was set up back in 1776, that they had the foresight to protect our rights even on up to modern times...How did they know that that people would try to claim elections were no good or that people might try to take away my right to protect myself ? They were God-guided. The celestials were with them in those days long ago, I swear it !! : D


65 posted on 10/04/2005 4:38:43 AM PDT by citizensgratitude (Our Military, present & past, the Highest example of Brotherhood of Man and doing God's Will)
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To: skr
Agreed. When Self esteem comes from hard work and achivement over obstacles, it is a damn good thing. It is the liberals who think it can be instilled or granted (by a government employee or agency) without being earned.

And Miers used the term 13 years ago, when it had not been so abused, and was not fully coopted by the left.
66 posted on 10/04/2005 7:18:51 AM PDT by Atlas Sneezed (Your FRiendly FReeper Patent Attorney)
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To: MikeJ

A huge plus. I have to give it to Bush for being a less than vocal 2nd Amendment supporter. Even though he said he would sigh the clinton gun ban, he never pushed congress on it. He has Bolton at the U.N. and Ashcroft stated that the 2nd Amendment is now looked at as an individual right at the state department, something that was not true for many years. To the minus, he now has Gonzales as A.G..


67 posted on 10/04/2005 7:33:20 AM PDT by stevio (Red-Blooded American Male (NRA))
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To: mmercier
from Sun Tzu: "the skillful leader subdues the enemy's troops without any fighting; he captures their cities without laying siege to them; he overthrows their kingdom without lengthy operations in the field."

Worth repeating.

I was trying to recall that one while driving home listening to talk-show hosts/callers crying for a battle. They don't realize that Bush is routing the Dems without a fight. If your opponent is good at fighting, beat 'em without blows. The Dems are good at leveraging any "negative" into a winning strategy; Bush is giving them nothing to leverage and nothing to fight over - and they're collapsing into twitching piles of goo.

68 posted on 10/04/2005 7:35:10 AM PDT by ctdonath2
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To: RightWhale

2 as well. A little money and paperwork can bypass many bureaucrats on the path to some very interesting hardware - if you're incorporated.


69 posted on 10/04/2005 7:39:51 AM PDT by ctdonath2
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To: 45Auto

The gang you mention always temper their RKBA support with "reasonable regulation", code for "only if we let you, which we won't". Miers' comment is the first real RKBA support I've seen for a long time from people at that level.


70 posted on 10/04/2005 7:43:57 AM PDT by ctdonath2
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To: ctdonath2

It's a thought.


71 posted on 10/04/2005 9:38:58 AM PDT by RightWhale (Repeal the law of the excluded middle)
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To: MikeJ

If this is accurate, she's fine with me then.


72 posted on 10/04/2005 9:40:11 AM PDT by Lauretij2
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To: billnaz
My point was that we need to be careful about how we define the RKBA compared to how commie-libs like Kerry and Brady define it. They would not hesitate to completely destroy the 2nd if they could; in the meantime, they will be happy with laws designed to severely restrict the RKBA. According to commie libs like Kerry (or that hag, Hillary) the RKBA means that people can own guns IF they can prove they "need" a gun.

My definition is that any free citizen can own any damn gun that he/she wishes and can afford including full auto without any interference whatsoever from government. That, of course, is not the current legal reality in the USA.

73 posted on 10/04/2005 12:49:16 PM PDT by 45Auto (Big holes are (almost) always better.)
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To: 45Auto

"My definition is that any free citizen can own any damn gun that he/she wishes and can afford including full auto without any interference whatsoever from government. That, of course, is not the current legal reality in the USA."

I totally agree. I hope that one day our side will have enough power at the legislative level to get stupid laws like NFA and GCA repealed. If the gun-grabbers made a court challenge to the repeal, we would hopefully have enough muscle on the Supreme Court to withstand such a challenge.

I also want to live long enough to see the "F" taken out of BATFE.


74 posted on 10/04/2005 2:32:30 PM PDT by billnaz (What part of "shall not be infringed" don't you understand?)
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To: Criminal Number 18F
Do you think she's really anything but a lib on guns?

Apparently she packs a bigger cannon than your issue sidearm......

Miers once owned a .45-caliber revolver, a gift from a brother who was worried about her safety when she lived alone in Dallas, says Judge Nathan Hecht of the Texas Supreme Court, who has known Miers for 30 years and has dated her. "It's a huge gun - he wanted to be sure she stopped the guy," Hecht said in a telephone interview. The judge recalled one Sunday afternoon driving out to the country, setting up tin cans on a dirt road and trying to teach Miers how to shoot.

75 posted on 10/04/2005 3:38:02 PM PDT by Decepticon (The average age of the world's great civilizations has been 200 years......(NRA)
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To: 11Bush
However, I think if you need to tow the weapon, maybe it should require a license. After all they do require a CDL for large trucks. Self-propelled is OK.

Thanks for the laugh, you made my day....

76 posted on 10/04/2005 3:40:32 PM PDT by Decepticon (The average age of the world's great civilizations has been 200 years......(NRA)
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To: 11Bush

The simple fact that you need a "permit" to excercise your 2A rights means they are government sanctioned privilages now, not rights.

Maybe someday we'll need a "bad words permit" in order to excercise our right to swear under the First Amendment?

CCW permits are just licensing and registration by another name. Only Vermont and Alaska are truly free - no permits, no registraton, no 4-year expiration on rights. Buy, own, carry, conceal, whatever.

Eventually something big will happen and all those cities/states that prohibit guns - correction the PEOPLE that live in those areas - will really wish they had not legally neutered themselves.

Of course, all the CCW holders are on file, fingerprinted, and monitored - just like you.


77 posted on 10/04/2005 3:54:30 PM PDT by mobyss
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To: billnaz

The BATFE should not even exits.

Alcohol? Tobacco? Doesn't the FDA handle this kind of thing? What - are there too many 30 packs of Coors light with an accidental regular Coors slipped in? Missing filters on the Camel lights?

And "F&E" cases should be handled by the FBI - and only in regard to non-citizen possession or criminal use of F&E.


78 posted on 10/04/2005 4:00:18 PM PDT by mobyss
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To: mobyss

exist


79 posted on 10/04/2005 4:02:57 PM PDT by mobyss
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To: USS Alaska
My first choice was Janice Rogers Brown

And a much better looking candidate, too. Sorry.

80 posted on 10/04/2005 4:06:01 PM PDT by Hardastarboard
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