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Breyer: Founding Fathers Would Have Allowed Restrictions on Guns
Foxnews ^ | Dec 12, 2010 | Foxnews

Posted on 12/12/2010 11:33:59 AM PST by driftdiver

If you look at the values and the historical record, you will see that the Founding Fathers never intended guns to go unregulated, Supreme Court Justice Stephen Breyer contended Sunday.

Appearing on "Fox News Sunday," Breyer said history stands with the dissenters in the court's decision to overturn a Washington, D.C., handgun ban in the 2008 case "D.C. v. Heller."

Breyer wrote the dissent and was joined by Justices John Paul Stevens, David H. Souter and Ruth Bader Ginsburg. He said historians would side with him in the case because they have concluded that Founding Father James Madison was more worried that the Constitution may not be ratified than he was about granting individuals the right to bear arms.

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


TOPICS: Constitution/Conservatism; Front Page News
KEYWORDS: 2ndamendment; banglist; billofrights; davidsouter; johnpaulstevens; partyoftreason; ruthbaderginsburg; scotus; secondamendment; shallnotbeinfringed; stephenbreyer
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To: ml/nj

Just so you know, it’s a single paragraph in the original, or at least it is the copy I have.


Back then literacy and comprehension was assumed.

These days, not :(


181 posted on 12/12/2010 7:10:59 PM PST by txhurl
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To: driftdiver

“The conclusions seem inescapable that in certain circles a tendency has arisen to fear people who fear government. Government, as the Father of Our Country put it so well, is a dangerous servant and a fearful master. People who understand history, especially the history of government, do well to fear it. For a people to express openly their fear of those of us who are afraid of tyranny is alarming. Fear of the state is in no sense subversive. It is, to the contrary, the healthiest political philosophy for a free people.”

Jeff Cooper

Where the people fear their government, there is tyranny...Where the government fears the people, there is liberty...


182 posted on 12/12/2010 7:27:24 PM PST by elteemike (Cogito! Ergo armatum sum!)
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To: elteemike

Today many people fear the govt but suppress that for the free money.


183 posted on 12/12/2010 7:29:33 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

“The conclusions seem inescapable that in certain circles a tendency has arisen to fear people who fear government. Government, as the Father of Our Country put it so well, is a dangerous servant and a fearful master. People who understand history, especially the history of government, do well to fear it. For a people to express openly their fear of those of us who are afraid of tyranny is alarming. Fear of the state is in no sense subversive. It is, to the contrary, the healthiest political philosophy for a free people.”

Jeff Cooper

Where the people fear their government, there is tyranny...Where the government fears the people, there is liberty...


184 posted on 12/12/2010 7:32:37 PM PST by elteemike (Cogito! Ergo armatum sum!)
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To: driftdiver

“The conclusions seem inescapable that in certain circles a tendency has arisen to fear people who fear government. Government, as the Father of Our Country put it so well, is a dangerous servant and a fearful master. People who understand history, especially the history of government, do well to fear it. For a people to express openly their fear of those of us who are afraid of tyranny is alarming. Fear of the state is in no sense subversive. It is, to the contrary, the healthiest political philosophy for a free people.”

Jeff Cooper

Where the people fear their government, there is tyranny...Where the government fears the people, there is liberty...


185 posted on 12/12/2010 7:32:37 PM PST by elteemike (Cogito! Ergo armatum sum!)
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To: driftdiver
I saw this evil rot spouting his smarter-than-thou platitudes and oh-so-wise explanations of why the Founders would have allowed gun control as a means to minimize the Federal call-up of state militias.

All I can say is, I hope Santa brings him testicular cancer and palsy for Christmas. And maybe a particularly painful episode of Geithner's kidney stones.


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

186 posted on 12/12/2010 8:18:13 PM PST by The Comedian (Government: Saving people from freedom since time immemorial.)
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To: driftdiver

The founding fathers wouldn’t have. But the Southern Democrats after the civil war thought restricting guns to whites only was a dandy idea.


187 posted on 12/12/2010 11:59:13 PM PST by ModelBreaker
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To: SampleMan
A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.

Thomas Jefferson to Peter Carr, 1785. The Writings of Thomas Jefferson, (Memorial Edition) Lipscomb and Bergh, editors.

Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.

Jefferson's "Commonplace Book," 1774_1776, quoting from On Crimes and Punishment, by criminologist Cesare Beccaria, 1764

"No free man shall ever be debarred the use of arms."

Thomas Jefferson, Proposed Virginia Constitution, 1776, Jefferson Papers 344.

"Americans [have] the right and advantage of being armed, unlike the citizens of other countries whose governments are afraid to trust their people with arms." -- JAMES MADISON

"The Constitution shall never be construed to prevent the people of the United States, who are peaceable citizens from keeping their own arms . . ." -- SAMUEL ADAMS

"Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive."

Noah Webster, An Examination of the Leading Principles of the Federal Constitution (Philadelphia 1787)

"Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man gainst his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American...[T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people."

Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788.

"The very atmosphere of firearms anywhere and everywhere restrains evil interference they deserve a place of honor with all that is good." -- GEORGE WASHINGTON

188 posted on 12/13/2010 1:32:06 AM PST by loboinok (Gun control is hitting what you aim at!)
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To: terycarl
I simply don't believe that people in that day and age would have even considered restricting firearms....they (firearms) were actually part of the culture...virtually every family had them

I agree.

189 posted on 12/13/2010 3:46:54 AM PST by syriacus (ObamaCare: Helping millions through hurting millions)
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To: carmody
He’s right about living in a visual age. Watching his interview two words came to my mind: Arrogant and Creepy.

Great choice of words!

190 posted on 12/13/2010 3:56:06 AM PST by syriacus (ObamaCare: Helping millions through hurting millions)
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To: elcid1970

thanks


191 posted on 12/13/2010 3:56:19 AM PST by drpix
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To: driftdiver
"Breyer: Founding Fathers Would Have Allowed Restrictions on Guns"

Yeah...

Right after winged Primates exited their nether regions...

192 posted on 12/13/2010 4:05:45 AM PST by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: muawiyah

Is it just weekends or winter and nothing better to do, is FR getting kookier?

There were and are many restrictions on many people that are voilating the Constitution. Even though some Rights are generally not violated by government to one degree or another, as a citizen there is also a responsibility for one to stand up for their own Constutional rights.

These little “stories” about “slaves no gun rights or slaves not allowed to stop by a gunsmith” has nothing to do with their rights being Constitutionally denied. Maybe there was some “law” implied or enforced toward such, but that is a far cry from being Constitutional or unConstitutional.

It really assists in a worthwhile discussion to insure you are well informed otherwise it becomes for your own purposes only.


193 posted on 12/13/2010 4:12:27 AM PST by dusttoyou ("Progressives" are wee-weeing all over themselves, Foc nobama)
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To: driftdiver
Breyer: Founding Fathers Would Have Allowed Restrictions on Guns

Founding Fathers Would Have Allowed Restrictions on Guns...only if the American people amended or rewrote the Constitution to allow such restrictions.

Breyer knows that amending the constitution is onerous, so he's decided to do a little creative "rewriting" of his own.

194 posted on 12/13/2010 4:23:18 AM PST by syriacus (ObamaCare: Helping millions through hurting millions)
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To: driftdiver
Breyer: Founding Fathers Would Have Allowed Restrictions on Guns

I highly doubt that.

195 posted on 12/13/2010 4:24:37 AM PST by Non-Sequitur
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To: dusttoyou
Obviously state laws were the source of restrictions on slaves, besides the practice being recognized in the Constitution.

The first couple of paragraphs of the Constitution refer, in fact, to "free persons" and "all others" ~ and if you don't understand what that meant you really have no business issuing pronunciamentos on what is or is not relevant to the Bill of Rights.

Yes, Constitutionally slavery was a recognized institution, and legally enforceable, and therefore dependent on the powers granted to the government by the Constitution ~ which was voted into power by the people eligible to vote ~ none of whom was a slave.

I'm actually astounded that there might still be some folks around who are ignorant of the legal basis for slavery in America. Like, did you imagine it was just something that drifted in, and then drifted out, and had nothing whatsoever to do with our laws, customs and Constitution?

196 posted on 12/13/2010 5:15:17 AM PST by muawiyah
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To: ModelBreaker

Souvr’n Democrats INVENTED the Democrat party ~ many of the Founders were Souvr’ners. It’s that party that’s the current source of agitation to restrict guns.


197 posted on 12/13/2010 5:19:11 AM PST by muawiyah
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To: muawiyah

pronunciamentos. ah Si, muy bein..... LOL
Adios


198 posted on 12/13/2010 5:23:45 AM PST by dusttoyou ("Progressives" are wee-weeing all over themselves, Foc nobama)
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To: driftdiver
I watched the segment with Beyer yesterday. He continually harped on the phrase "A well regulated Militia..." and it became increasingly clear as the blither went on that he did not understand what that phrase meant.

"Well regulated" in 18th century terms meant the same as "well trained." For musket fire to be effective, a complex, coordinated sequence of manual actions were necessary for a firing line to deliver effective volleys. A "well regulated" line would deliver sequenced volleys of shot with maximum effectiveness (i.e., killing power).

"Militia" in the 18th centry terms meant "able bodied men of the general populace." It wasn't the national guard, it did not refer to states sending trooops to the federal army -- it meant "the people."

Beyer's got some nerve citing "historians" when it is clear that he's never read any. Or at least, any competent ones.

199 posted on 12/13/2010 5:29:21 AM PST by Cincinatus (Omnia relinquit servare Rempublicam)
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To: SunkenCiv
...Party of the Single Party State / Party of Treason.

You left off  / Party of Death.

200 posted on 12/13/2010 5:30:06 AM PST by TheOldLady ("Face it, Obama: You, too, were a useful idiot." - Lazamataz, who would hit it...with a brick.)
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