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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: driftdiver

It’s because of Supreme Judges such as Breyer that the Founders wrote the 2nd Amendment.


21 posted on 12/12/2010 11:49:05 AM PST by DCPatriot ("It aint what you don't know that kills you. It's what you know that aint so" Theodore Sturgeon))
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To: driftdiver

The scales of liberty are teetering at 5-4 way too often. It would only take one change to tip the other way.


22 posted on 12/12/2010 11:49:47 AM PST by Sender (It's never too late to be who you could have been.)
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To: driftdiver

I like the way Hadley Arkes turns it around, “Why does the government want to restrict my right to protect myself, my children and my family?” Breyer totally rips it out of historical context, as Madison’s contemporaries on the frontier certainly required their guns for protection.


23 posted on 12/12/2010 11:49:52 AM PST by gusopol3
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To: driftdiver; All
"The constitutions of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed; that they are entitled to freedom of person, freedom of religion, freedom of property and freedom of the press." Thomas Jefferson
24 posted on 12/12/2010 11:51:00 AM PST by Red in Blue PA (Planning on using 911? Google "Brittany Zimmerman")
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To: driftdiver

They may have until the Bill of Rights came along.


25 posted on 12/12/2010 11:53:36 AM PST by TXConservative25
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To: JohnD9207

I thought that was Souter’s town in New Hampshire that wanted to take away his house...maybe Breyer’s home town tried it on him too.

It sounds like the same selection bias regarding foreign law.


26 posted on 12/12/2010 11:54:30 AM PST by scrabblehack
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To: PapaBear3625

Simple Question:

Was there a Cannon Control Act similar to the Gun Control Act of 68?

Didn’t think so.


27 posted on 12/12/2010 11:55:10 AM PST by Red in Blue PA (Planning on using 911? Google "Brittany Zimmerman")
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To: Sender

Sarah can increase the number and pack the court when we elect her in 2012.


28 posted on 12/12/2010 11:55:29 AM PST by Gadsden1st
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To: JohnD9207

We almost didn’t have a second amendment, because they thought those things were so self evident they didn’t need to be in writing. Thankfully they did write them down.


29 posted on 12/12/2010 11:56:24 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Maceman

What’s far more disturbing is that — excepting most of those here at FR — so few “citizens” even understand that let alone reject it.


30 posted on 12/12/2010 11:58:05 AM PST by Dick Bachert (11/2 was a good start. Onward to '12. U Pubbies be strong or next time we send in the libertarians!)
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To: driftdiver

What an a-hole.

The Constitution is clear, there are no restrictions on guns and there are no restrictions on speech.


31 posted on 12/12/2010 12:00:25 PM PST by trumandogz
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bflr


32 posted on 12/12/2010 12:00:34 PM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: Doulos1
As I once wrote here: "the founding fathers did not sit down to tea with their overlords. they shot them"

Of course the 2nd means exactly what it was intended to mean as written.

33 posted on 12/12/2010 12:05:32 PM PST by bill1952 (Choice is an illusion created between those with power - and those without)
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To: driftdiver
Unethical, incompetent a-hole. Madison was President for eight years, if he wanted to regulate private ownership of arms he had plenty of time to do it. This is intellectually corrupt, just what we have come to expect from Breyer. One of the most despicable arrogant failures in SCOTUS history.
34 posted on 12/12/2010 12:05:43 PM PST by hinckley buzzard
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To: driftdiver
There have been a few Supreme Court justices that were simply not that bright. This is an excellent example. The argument is not only intellectual vapid and demonstrably incorrect, but even if it were correct it still wouldn't change the constitution. Put him in the corner with a dunce cap on.
35 posted on 12/12/2010 12:07:10 PM PST by Durus (The distance between us has grown, and I struggle to quantify it. Windage adjustments are done.)
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To: driftdiver
Breyer is totally IGNANT. James Madison and George Mason were very engaged in the process of getting a federal Bill of Rights.

People who debate the gun issue have been found citing Madison one way, and Mason another way.

Mason, et al, finally voted for the Constitution ONLY after being assured by Madison (etc) that the State's lists of enumerated rights for the people would not be endangered by the absence of a Bill of Rights at the federal level

Breyer takes that as an argument that only the militia rights of the states were at risk of a federal problem. This is "EVASIVE BEHAVIOR" that clearly suggests that he, Breyer, KNOWS he is lying about both Mason and Madison when it comes to the Bill of Rights.

Wouldn't trust that puke near an empty cashregister.

It would be difficult for Breyer to have looked into what Madison and Mason thought about the Bill of Rights without recognizing that for the Founders knowledge of the plight of the Huguenots in France was still important.

Many Americans knew that their own grandparents were Huguenots and that they had refused to surrender their arms at the end of the Religious Wars (in France) and knew that those arms were all that stood between them and a tyrant.

In the end they were correct, which is why the Huguenots had to flee France forever. So, it wasn't concern over "the militia" that was at issue, but "freedom of religion" which had to be understood in America as best protected by private individuals armed to the nines!

Breyer is such a enemy to the American people ~ can we send him back where his kind came from?

36 posted on 12/12/2010 12:08:09 PM PST by muawiyah
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To: driftdiver
Breyer said---

"Do you like to shoot pistols at targets? Well, get on the subway and go to Maryland."

Dear Lord, what an idiot.

By his reasoning, he should ask some law-breakers living in Maryland---Do you like to shoot pistols at people? Well, get on the subway and go to D.C., where if I had my way everyone would be defenseless.

37 posted on 12/12/2010 12:08:20 PM PST by deoetdoctrinae (Gun-Free zones are playgrounds for felons)
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To: Domandred

The Founders placed restrictions on black slaves owning guns.


38 posted on 12/12/2010 12:09:07 PM PST by muawiyah
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To: cbkaty

Bump!


39 posted on 12/12/2010 12:14:00 PM PST by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both)
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To: driftdiver

In the matter of the right to keep and bear arms, the relenat question is not what the intent of the Founders was, but rather what was the intent of the author of the 2nd Amendment, and the intent of the States that ratified it.


40 posted on 12/12/2010 12:17:31 PM PST by tacticalogic
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