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Keyword: legalcommentary

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  • The Second Amendment in the Nineteenth Century

    08/07/2002 2:22:09 PM PDT · by 45Auto · 6 replies · 171+ views
    Independence Institute ^ | 1998 (BYU Law Review) | Dave Kopel
    The illegality of most federal gun lawsThe Bill of Rights, including the Second Amendment, was never intended by its Framers to be the primary safeguard of liberty. In the view of the Framers, the main protection of liberty was the structure of the Constitution itself. The separation of powers would prevent the rule by fiat which burdened most of Europe. And the legislative branch was granted only the power to legislate on specific, enumerated subjects (e.g., patents, bankruptcies, interstate commerce). Thus, Congress would have no power to censor speech, to suppress assemblies, to outlaw guns, or otherwise infringe rights.(749) In...