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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: 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
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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
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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.)
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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.)
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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
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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...)
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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...)
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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.)
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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)
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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.)
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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.")
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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?)
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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)
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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
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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)
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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>)
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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?)
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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.)
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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
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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.")
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