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

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-5051-100101-150151-200201-218 next last
To: driftdiver
Just another lying lefty.

I loved this one though:

"Therefore, Madison included the Second Amendment to appease the states, Breyer said."

No kidding there Einstein. Why would the states have joined a union that didn't include the laws they wanted?

51 posted on 12/12/2010 12:54:27 PM PST by facedown (Armed in the Heartland)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DemonDeac
Thomas is an idiot and comes off as one whenever he opens his mouth.

Clearly, you are the idiot. Thomas is the best judge on the bench.

52 posted on 12/12/2010 12:54:41 PM PST by Huck (Antifederalist BRUTUS should be required reading.)
[ Post Reply | Private Reply | To 50 | View Replies]

To: BuckeyeTexan

Liberals and atheists only quote our Sacred text and Constitution when they believe they can use it to cow us. When they believe they can win with their twisted interpretations, they love them both.


53 posted on 12/12/2010 12:58:10 PM PST by Jvette
[ Post Reply | Private Reply | To 9 | View Replies]

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

The primary purpose of firearms is to enable people to defend their persons, families, and property at times when the police are unable (or unwilling) to do so.

Unable: the police will rarely arrive in time to stop a crime in progress, even if the victim has a chance to call them.

Unwilling: during the LA riots and Crown Heights riots, people were essentially on their own, the police were for the most part standing down.

54 posted on 12/12/2010 12:59:27 PM PST by PapaBear3625 ("It is only when we've lost everything, that we are free to do anything" -- Fight Club)
[ Post Reply | Private Reply | To 37 | View Replies]

To: driftdiver
Granting the right???


55 posted on 12/12/2010 12:59:43 PM PST by Tolerance Sucks Rocks (Charlie Rangel doesn't deal in average Americans. That's OK: I don't deal in crooked pols.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Domandred

Bingo.


56 posted on 12/12/2010 12:59:54 PM PST by Dan Nunn (Support the NRA!)
[ Post Reply | Private Reply | To 7 | View Replies]

To: driftdiver

While researching natural born citizen..in the old newspapers..a Founder was quoted they added the right to bear arms to protect the citizens from the government.

Have lost the newspaper article due to hard drive burn out.

The search began at the Williamsburg website..in the Gazette.


57 posted on 12/12/2010 1:05:00 PM PST by bushpilot1
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gadsden1st

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

And how on Earth will that happen? lol. They have to be willing to leave. They cannot be forced out by Sarah. Wow! Stunning how FREEPERS need to know the workings of the government.


58 posted on 12/12/2010 1:05:29 PM PST by napscoordinator
[ Post Reply | Private Reply | To 28 | View Replies]

To: facedown
No kidding there Einstein. Why would the states have joined a union that didn't include the laws they wanted?

Exactly. And would 18th Century Americans have joined a Union that had the right to take away their guns?

59 posted on 12/12/2010 1:05:33 PM PST by syriacus (ObamaCare: Helping millions through hurting millions)
[ Post Reply | Private Reply | To 51 | View Replies]

To: driftdiver
“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.”

but with the ratification of the Constitution it ultimately gave people the right to bear arms so what the hell is Breyer’s point?

60 posted on 12/12/2010 1:08:59 PM PST by tobyhill
[ Post Reply | Private Reply | To 1 | View Replies]

To: DemonDeac

It would be useful if you were to read some of Justice Thomas’ decisions before you make such a silly statement.


61 posted on 12/12/2010 1:10:53 PM PST by allblues
[ Post Reply | Private Reply | To 50 | View Replies]

To: driftdiver

Breyer does have some facts on his side but draws the wrong conclusions from those facts. The original states did ‘regulate’ gun ownership often requiring citizen’s to own weapons and even specifying the caliber of these weapons (and the quantity of powder and shot). This was done in order to ensure the weapons would be effective on the battlefield and to simplify re-supply of ammunition.

Now, how Breyer goes from these facts to believing this means the FF would support denying gunownership is interesting.


62 posted on 12/12/2010 1:13:01 PM PST by DugwayDuke
[ Post Reply | Private Reply | To 1 | View Replies]

To: SampleMan

Man I hate these revisionists.


63 posted on 12/12/2010 1:14:00 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 48 | View Replies]

To: driftdiver
...the right of the people to keep and bear Arms, shall not be infringed.

-2nd Amendment, US Constitution

You can't be any more clear than that.

Note: the American Revolution began when the British tried to disarm the Colonists.
64 posted on 12/12/2010 1:21:20 PM PST by Tzimisce (It's just another day in Obamaland.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DemonDeac
“Thomas is an idiot and comes off as one whenever he opens his mouth. He was a token pick who would never have been selected were he a white man but tokens can vote and he votes just fine.”

I'm tired of all the idiots that smear Justice Thomas. His opinion on gun ownership is brilliant and will be one of the best opinions ever given by the Supreme Court. He votes with Scalia most of the time because Scalia is also brilliant and often there isn't any reason to add to Scalia’s already well-reasoned opinion.

65 posted on 12/12/2010 1:29:32 PM PST by FR_addict
[ Post Reply | Private Reply | To 50 | View Replies]

To: driftdiver

What history is this puke looking at? Liberal-sanitized, rewritten fiction?


66 posted on 12/12/2010 1:32:31 PM PST by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Farmer Dean
Natural causes-and soon.

no! Not until the Traitor-in-Chief is out of office.

67 posted on 12/12/2010 1:35:31 PM PST by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
[ Post Reply | Private Reply | To 13 | View Replies]

To: driftdiver

Since he’s JEWISH, I would ask him about should guns be allowed in Israel!! i THINK he would have a different answer!! What a HYPOCRITE!


68 posted on 12/12/2010 1:37:28 PM PST by Ann Archy (Abortion......the Human Sacrifice to the god of Convenience.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cbkaty

For the life of me, I will never understand why people believe that Supreme Court justices are any smarter than the common politician.....

...or any less venal.


69 posted on 12/12/2010 1:41:42 PM PST by rockrr ("I said that I was scared of you!" - pokie the pretend cowboy)
[ Post Reply | Private Reply | To 6 | View Replies]

To: driftdiver

Are there any qualified judges in middle America that can be a SCJ?? How about TX, AZ, WY, MT?? Why must they be urban judges all the time?


70 posted on 12/12/2010 1:42:01 PM PST by Bringbackthedraft (The candidate they smear and ridicule the most is the one they fear the most.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver

The Founders original intent is crystal clear.

J Breyer does not speak for Madison.


71 posted on 12/12/2010 1:43:42 PM PST by Reagan Man ("In this present crisis, government is not the solution to our problem; government is the problem.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver

If they never intended guns to go unregulated, why did they give us the second amendment?

An oft used quote of Benjamin Franklin, “Those who would give up a little liberty to gain a little security are deserving of neither,” is actually addressing the refusal of some to arm themselves to defend the frontier and instead, tried to make deals with the then marauders.

The quote can be read in context in a letter he wrote to the Governor of Pennsylvania at http://www.franklinpapers.org/franklin/framedVolumes.jsp?vol=6&page=238a

The founders gave us the right to bear arms for a reason and Breyer seems to be expressing that reason we need them.


72 posted on 12/12/2010 1:45:32 PM PST by DakotaRed (What happened to the country I fought for?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver
How could a Constitutional ignoramus like this possibly be a Supreme Court Justice!!?? Oh, wait a minute. There three others! Never mind...
73 posted on 12/12/2010 1:46:28 PM PST by Gritty (It's either Obama and the Democrats or America. You can't have both. - Rush Limbaugh)
[ Post Reply | Private Reply | To 1 | View Replies]

To: screaminsunshine

What did he use for his basis for that theory, a seance? Assuming he did, he must have been plugged into the ghost of George III.


74 posted on 12/12/2010 1:48:56 PM PST by Mouton
[ Post Reply | Private Reply | To 3 | View Replies]

To: driftdiver
A well regulated Militia, being necessary to the security of a free State { , } the right of the people to keep and bear Arms, shall not be infringed.

A well regulated Militia, being necessary to the security of a free State...
[COMMA-denoting the beginning of a new phrase and defining concept]
...the right of the people to keep and bear Arms, shall not be infringed.

The most powerful comma in the world!

75 posted on 12/12/2010 1:54:04 PM PST by ROCKLOBSTER (Celebrate Republicans Freed the Slaves Month)
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver

If Madison had to contend with punks invading homes [brandishing guns], drive-by shootings, and nut cases shooting up the Post Office - He sure as hell would have told Breyer to STUFF IT !!!


76 posted on 12/12/2010 1:58:42 PM PST by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...</i><p>)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lmo56

Other than abortion and gay marriage most libs don’t give a damn about individual rights.


77 posted on 12/12/2010 2:00:13 PM PST by GlockThe Vote (Who needs Al Queda to worry about when we have Obama?)
[ Post Reply | Private Reply | To 76 | View Replies]

To: GlockThe Vote

They don’t even agree with individual rights on those issues. People must accept those.


78 posted on 12/12/2010 2:05:55 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 77 | View Replies]

To: driftdiver
...the Founding Fathers never intended guns to go unregulated, Supreme Court Justice Stephen Breyer contended Sunday.

Delusional liberal twit. No business whatsoever being on the Supreme Court. Pompous Jackass!!!

79 posted on 12/12/2010 2:06:36 PM PST by GoldenPup
[ Post Reply | Private Reply | To 1 | View Replies]

To: PapaBear3625

Strange that Breyer airily blows off D.C. gun owners and tells them to go pistol target shooting in Maryland, a state known to be very unfriendly to guns and gun owners.

Of course, the main purpose of pistol target practice is to sharpen one’s skills against the occasion when deadly force is the sole means of defense and survival.

Wonder why Breyer didn’t airily suggest taking the subway to go shooting in Virginia, a much more gun friendly state.

This recalls an earlier chief justice who held that the Second Amendment only guaranteed the right to own weapons of the same technology as the year the Bill of Rights was ratified.

He actually held up a muzzleloader flintlock musket and said this is what you can own under 2A as he saw it.

Smug, arrogant, self-satisfied jerks!


80 posted on 12/12/2010 2:09:58 PM PST by elcid1970 ("I don't like Islam and I don't trust Muslims.")
[ Post Reply | Private Reply | To 54 | View Replies]

To: SampleMan

BRAVO!! You certainly did your homework. Thanks for posting.


81 posted on 12/12/2010 2:11:41 PM PST by GoldenPup
[ Post Reply | Private Reply | To 48 | View Replies]

To: driftdiver

Breyer is going insane. First hinting that burning a Koran (and ONLY a Koran) might be unconstitutional, then backtracking on Larry King Alive. Now this demented screed. Where are the SNL parodies?


82 posted on 12/12/2010 2:12:21 PM PST by montag813 (http://www.facebook.com/StandWithArizona)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Domandred
“...have immediately hung the scum...”

Men are not ‘hung’ (except John Holmes - he's dead).

Men are HANGED:

Is hanged,
Was hanged,
Shall be hanged.

If a man is ‘hung’ this is a family forum and you cannot write about it here.

I do agree with your point BTW.

83 posted on 12/12/2010 2:15:42 PM PST by Leo Farnsworth (I'm not really Leo Farnsworth.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: driftdiver
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.

If he would read about history and natural rights, he would learn that the right to keep and bear arms was considered by the Founders to be an unalienable right connected with and related to the preservation of life, liberty, and property.

84 posted on 12/12/2010 2:15:58 PM PST by mjp ((pro-{God, reality, reason, egoism, individualism, natural rights, limited government, capitalism}))
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver
He must be referring to his "founding fathers" Marx & Engels.
85 posted on 12/12/2010 2:16:47 PM PST by drpix
[ Post Reply | Private Reply | To 1 | View Replies]

To: syriacus
Exactly. And would 18th Century Americans have joined a Union that had the right to take away their guns

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

86 posted on 12/12/2010 2:21:10 PM PST by terycarl (4)
[ Post Reply | Private Reply | To 59 | View Replies]

To: driftdiver

Is he saying they might have, as in if they could it all over? Well, that is not good enough. They did not, so whatever liberal “historians” are saying is meaningless. We don’t elect, or nominate (through elected representatives who nominate said judges) historians to rule on legal issues.


87 posted on 12/12/2010 2:25:03 PM PST by PghBaldy (Like the Ft Hood Killer, James Earl Ray was just stressed when he killed MLK Jr.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver

He can now read the minds of dead people. Amazing. /s


88 posted on 12/12/2010 2:26:20 PM PST by kcvl
[ Post Reply | Private Reply | To 1 | View Replies]

To: JohnD9207

I thought that was Souter whose house was involved?


89 posted on 12/12/2010 2:26:41 PM PST by PghBaldy (Like the Ft Hood Killer, James Earl Ray was just stressed when he killed MLK Jr.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: driftdiver
Our new Industrial Military Complex being necessary for us to remain a free state, and possessing the ability to free it's self from, or turn against us, we must reserve for ourselves the right to obtain, keep, and use modern arms. No law shall have jurisdiction over this right.

My take on the second. We citizens are the regulators, not Congress. The Complex is the regulated entity, not some ad hoc militia. I include the three branches of government within this Industrial Military Complex.

90 posted on 12/12/2010 2:30:08 PM PST by prolusion
[ Post Reply | Private Reply | To 1 | View Replies]

To: AdmSmith; Arthur Wildfire! March; Berosus; bigheadfred; ColdOne; Convert from ECUSA; Delacon; ...

If the case had been whether or not Moslems were allowed concealed carry because of some 6ull$h!+ made-up ad hoc “belief” that made it impossible to search them, he’d have ruled in favor of the Moslems. He’s just another anti-American a-hole from the Party of the Single Party State / Party of Treason. Thanks driftdiver.


91 posted on 12/12/2010 2:30:15 PM PST by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
[ Post Reply | Private Reply | View Replies]

To: SampleMan
Nice collection of quotes. To those I would add the following statement (the bold statement below) in the New York ratification document, the document by which New York ratified the Constitution [my emphasis below]:

WE the Delegates of the People of the State of New York, duly elected and Met in Convention, having maturely considered the Constitution for the United States of America, agreed to on the seventeenth day of September, in the year One thousand Seven hundred and Eighty seven, by the Convention then assembled at Philadelphia in the Common-wealth of Pennsylvania (a Copy whereof precedes these presents) and having also seriously and deliberately considered the present situation of the United States, Do declare and make known.

... That the People have a right to keep and bear Arms; that a well regulated Militia, including the body of the People capable of bearing Arms, is the proper, natural and safe defence of a free State;

Under these impressions and declaring that the rights aforesaid cannot be abridged or violated, and that the Explanations aforesaid are consistent with the said Constitution, And in confidence that the Amendments which shall have been proposed to the said Constitution will receive an early and mature Consideration: We the said Delegates, in the Name and in the behalf of the People of the State of New York Do by these presents Assent to and Ratify the said Constitution.

Although something similar later became the Second Amendment, the New York ratification was not conditional in any way. It was a statement of what the unamended Constitution meant. Hamilton and Jay, two of the three authors of the Federalist Papers, voted for the New York ratification document.

Also from the 1776 Constitution of Pennsylvania:

XIII. That the people have a right to bear arms for the defence of themselves and the state

92 posted on 12/12/2010 2:30:27 PM PST by rustbucket
[ Post Reply | Private Reply | To 48 | View Replies]

To: driftdiver

This is what happens when the Constitution becomes a “living document”, and the idiot elitists appointed to the Supreme Court figure they’re smarter than the Founders.


93 posted on 12/12/2010 2:30:27 PM PST by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
[ Post Reply | Private Reply | To 1 | View Replies]

To: elcid1970
Smug, arrogant, self-satisfied jerks!

I wonder, If this "so-called" Justice has Secret Service protection...
..do all retired USSC justices revive such armed protection?
b/c he seems to be obvious to the Criminal element.


94 posted on 12/12/2010 2:30:59 PM PST by skinkinthegrass (Imam Zer0: DeathCARE, Is my only "health" plan....to hell w/ free enterprise system :^)
[ Post Reply | Private Reply | To 80 | View Replies]

To: PapaBear3625
Unwilling: during the LA riots and Crown Heights riots, people were essentially on their own, the police were for the most part standing down.

Seemed to me that they were more or less running away.

95 posted on 12/12/2010 2:35:52 PM PST by He Rides A White Horse (unite)
[ Post Reply | Private Reply | To 54 | View Replies]

To: DemonDeac

“Thomas is an idiot and comes off as one whenever he opens his mouth”

nonsense.
http://www.2shared.com/audio/sRXOdCPa/Oct_1_07_-_Clarence_Thomas_Int.html


96 posted on 12/12/2010 2:39:38 PM PST by Christian Engineer Mass (Leftys who zone in on Palin miss the point. America's not about single figures. That's for NK/Cuba.)
[ Post Reply | Private Reply | To 50 | View Replies]

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

Fast forward to 19th century...Sea to shining sea would not have occurred with unarmed pioneers.

97 posted on 12/12/2010 2:44:09 PM PST by He Rides A White Horse (unite)
[ Post Reply | Private Reply | To 86 | View Replies]

To: JohnD9207
Breyer is the asshat that almost had his house taken away from him after he
ruled that it was fine for towns to steal peoples land away from them.

true....
(IIRC)...the town STILL HAS NOT developed the land condemned
for the promised revenue..the "development deal" flew through.
I wonder if any envious councilmember(s) acquired the land.


98 posted on 12/12/2010 2:45:20 PM PST by skinkinthegrass (Imam Zer0: DeathCARE, Is my only "health" plan....to hell w/ free enterprise system :^)
[ Post Reply | Private Reply | To 15 | View Replies]

To: DemonDeac

Stunningly stupid comment


99 posted on 12/12/2010 2:50:16 PM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
[ Post Reply | Private Reply | To 50 | View Replies]

To: driftdiver

Because the American Revolution was won with registered firearms...


100 posted on 12/12/2010 2:53:51 PM PST by swaimh ("... shall not be infringed." The most important four words of the Second Amendment)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-5051-100101-150151-200201-218 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

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