Thursday, August 2, 2012

Supreme Court Justice Antonin Scalia is wrong on Guns

Scalia says guns can be regulated. Sorry Antonin, not by the Federal Government. Like I have said previously on this blog, it doesn't matter how smart a person is, the smarter they are to the secular world, the more in error they will be. He claims, "But there were legal precedents from the days of the Founding Fathers that banned frightening weapons,which a constitutional originalist like himself must recognize. There were also “locational limitations” on where weapons could be carried." However, he gives no evidence for that. In fact, the founding fathers put no restraints on unalienable rights, by "any human institution" (city or State ordinance), not even the issuance of permits to "question" the right to bear arms was prohibited, as that would interfere with self preservation, such as "carrying, Webster's 1828 definition, or Madison in Federalist 46."
What is meant by the liberty of the press is that there should be no [Federal] antecedent restraint upon it; but that every author is responsible when he attacks the security or welfare of the government, or the safety, character, and property of the individual. "In truth, then, the proposed system possesses no influence whatever upon the press, and it would have been merely nugatory to have introduced a formal declaration upon the subject -- nay, that very declaration might have been construed to imply that some degree of power was given, since we undertook to define its extent. "[I]t is the great natural law of self preservation, which, as we have seen, cannot be repealed, or superseded, or suspended by any human institution. This law, however, is expressly recognised in the constitution of Pennsylvania. "The right of the citizens to bear arms in the defence of themselves shall not be questioned." This is one of our many renewals of the Saxon regulations. "They were bound," says Mr. Selden, "to keep arms for the preservation of the kingdom, and of their own persons." [bold face mine]
-- James Wilson, PA Ratifying Conv. 2nd choice for Original Chief Justice. "Pennsylvania Legislature", October 6, 1787. "Law lectures"

The issue with guns is identical, as Patrick Henry said:
The great object is, that every man be armed...Every one who is able may have a gun.
--VA Ratifying Convention, June 14, 1788.

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