Whose Right to Keep and Bear Arms? the Second Amendment as a Source of Individual Rights: Hearing Before the Subcommittee on the Constitution, Federalism, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, Second Session ... September 23, 1998, Volume 4U.S. Government Printing Office, 1999 - 213 halaman |
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Halaman 2
... original proposal to interlineate the new rights within the Constitution's text rather than placing them at the end of the original text . Madi- son , in his proposed Constitution , did not place the right to bear arms in Article I ...
... original proposal to interlineate the new rights within the Constitution's text rather than placing them at the end of the original text . Madi- son , in his proposed Constitution , did not place the right to bear arms in Article I ...
Halaman 21
... original constitutional provisions regarding the militia [ FN28 ] placed major new powers in Congress beyond those previously conferred by the Articles of Confederation . These new powers not only included a wholly new power to provide ...
... original constitutional provisions regarding the militia [ FN28 ] placed major new powers in Congress beyond those previously conferred by the Articles of Confederation . These new powers not only included a wholly new power to provide ...
Halaman 23
... original Bill of Rights of 1791 , the Second Amendment merely was addressed to Congress and not to the states . The mistrust and uncertainty of how Congress might presume to construe its new powers -- powers newly enumerated in Article ...
... original Bill of Rights of 1791 , the Second Amendment merely was addressed to Congress and not to the states . The mistrust and uncertainty of how Congress might presume to construe its new powers -- powers newly enumerated in Article ...
Halaman 27
... original draft of the amendment , moreover , the reference is to " a free country " ( and not merely to " a free State " ) . See BERNARD SCHWARTZ , THE BILL OF RIGHTS : A DOCUMENTARY HISTORY 1026 ( 1971 ) . FN22 . Once again , see the ...
... original draft of the amendment , moreover , the reference is to " a free country " ( and not merely to " a free State " ) . See BERNARD SCHWARTZ , THE BILL OF RIGHTS : A DOCUMENTARY HISTORY 1026 ( 1971 ) . FN22 . Once again , see the ...
Halaman 28
... original history of the Second Amendment ) . Professor Malcolm concludes , exactly as Thomas Cooley did a century earlier , see supra note 40 , that [ t ] he Second Amendment was meant to accomplish two distinct goals , each perceived ...
... original history of the Second Amendment ) . Professor Malcolm concludes , exactly as Thomas Cooley did a century earlier , see supra note 40 , that [ t ] he Second Amendment was meant to accomplish two distinct goals , each perceived ...
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American anti-Federalists argued bear arms Bill of Rights Blackstone BOGUS Brady bill century Chairman citizens collective rights common defense Cong CONGRESS THE LIBRARY constitutional right debate Declaration of Rights disarm English federal government Federalist Fifth Auxiliary Right firearms Fourteenth Amendment Fourth Amendment Framers Freedmen's Bureau Freedmen's Bureau Bill freedom guarantee gun control Halbrook Handgun HENIGAN Heston individual right infringed issue Justice keep and bear keep arms LIBRARY OF CONGRESS Madison Malcolm ment military Militia Act militia clause Miller National Guard National Rifle Association Ninth Amendment personal liberty personal right political possession prohibited protect the right provision quoting ratified regulated Militia right to arms right to bear right to keep Second Amendment second amendment rights self-defense Senator ASHCROFT Senator TORRICELLI Spitzer standing army subcommittee supra note Thank U.S. Supreme Court United violated Volokh vote weapons well-regulated militia William Yale Law Journal
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Halaman 133 - That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty ; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
Halaman 169 - States, to make and enforce contracts, to sue. be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.
Halaman 202 - That every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket, or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball : or, with a good rifle, knapsack, shot pouch, and powder horn, twenty balls, suited to the bore of his rifle, and a quarter...
Halaman 194 - The freedom of deliberation, speech and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever.
Halaman 198 - In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length...
Halaman 175 - State or district where the ordinary course of judicial proceedings has been interrupted by the rebellion, and until the same shall be fully restored, and...
Halaman 28 - That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power.
Halaman 199 - With obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.
Halaman 44 - Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.
Halaman 68 - The great ideals of liberty and equality are preserved against the assaults of opportunism, the expediency of the passing hour, the erosion of small encroachments, the scorn and derision of those who have no patience with general principles, by enshrining them in constitutions, and consecrating to the task of their protection a body of defenders.