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jody

(26,624 posts)
98. Agree and those new to discussing unalienable rights are shocked to find that SCOTUS said
Sun Jul 22, 2012, 09:00 PM
Jul 2012
Page 19 of SCOTUS' decision on Heller:
c. Meaning of the Operative Clause. Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment.We look to this because [font color = ff0000 size = 3]it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right.[/font] The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” As we said in United States v. Cruikshank, 92 U. S. 542, 553 (1876), “{t}his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second amendment declares that it shall not be infringed . . . .”


By referring to the First, Second, and Fourth Amendments, it’s clear that SCOTUS used "pre-existing right" in the same sense that PA and VT used “natural, inherent, inalienable/unalienable rights”.

A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE COMMONWEALTH OR STATE OF PENNSYLVANIA - 28 Sept. 1776 "That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety."
http://avalon.law.yale.edu/18th_century/vt01.asp
A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE STATE OF VERMONT- July 8, 1777]
“I. THAT all men are born equally free and independent, and have certain natural, inherent and unalienable rights, amongst which are the enjoying and defending life and liberty; acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.”

NOTE PA and VT statements differ only in the use of “inalienable” versus “unalienable”, a difference that occurred when the Declaration of Independence was written with Jefferson using “inalienable” and Adams using “unalienable”. Apparently Adams had the final say and the DOI used “unalienable”.


Recommendations

0 members have recommended this reply (displayed in chronological order):

It get more absurd by the hour Marrah_G Jul 2012 #1
It truly does Go Vols Jul 2012 #112
Logical fallacy. girl gone mad Jul 2012 #115
Don't do that to the gun nut virgins. liberal N proud Jul 2012 #2
can't argue with that. cali Jul 2012 #5
Seconded. nt cyberswede Jul 2012 #3
Please Admin. take note. thanks. Tuesday Afternoon Jul 2012 #4
yes please shanti Jul 2012 #6
Yes please.. or give us the opportunity to block by keyword SoCalDem Jul 2012 #43
+1 nt TBF Jul 2012 #101
it's the only subject that brings many of them into the main forums CreekDog Jul 2012 #7
I want them back in the gungeon where they can exercise cali Jul 2012 #10
Guns are our LIVES in USA today...why cordone them off? KoKo Jul 2012 #20
Back, back into the gungeon with them! Art_from_Ark Jul 2012 #118
I want them back on other messageboards Scootaloo Jul 2012 #127
And then there is the question of boredom. I don't know about you, but I am bored to death CTyankee Jul 2012 #130
+1 CreekDog Jul 2012 #134
+2 ellisonz Jul 2012 #139
+3 red dog 1 Jul 2012 #160
Members of the cult of penile compensation... Surya Gayatri Jul 2012 #128
What would nature be if red ants didn't swarm when their mound is stepped on? L0oniX Jul 2012 #14
Gosh what a mean spirited post. nt Mojorabbit Jul 2012 #122
But accurate, yes? nt ieoeja Jul 2012 #149
No it isn't and I hate that members of this board and party are Mojorabbit Jul 2012 #150
Maybe tomorrow... Egalitarian Thug Jul 2012 #8
it's sure opened my eyes- as someone who has never visited the gungeon before cali Jul 2012 #15
This message was self-deleted by its author bupkus Jul 2012 #56
I know this episode has labeled me another "gun-nut" simply because I point out the flaws Egalitarian Thug Jul 2012 #123
I wish. I've already burned out my "Trash this thread" button. L0oniX Jul 2012 #9
Oh, my God, yes........ FredStembottom Jul 2012 #11
I wish there was a way warrior1 Jul 2012 #12
kick warrior1 Jul 2012 #161
It is getting repetetive and obscene, IMO. As we mow down their arguments they get more CTyankee Jul 2012 #13
Thanks for the perfect example. n/t Egalitarian Thug Jul 2012 #124
It would be interesting to count how many of the gun threads being complained about shadowrider Jul 2012 #153
I wouldn't take that bet. The firearm advocates here are definitely a large cut above Egalitarian Thug Jul 2012 #159
Hopefully Skinner will draw the line soon ProgressiveProfessor Jul 2012 #16
But I've made so many new friends. sadbear Jul 2012 #17
Really? What's your secret? -..__... Jul 2012 #21
No...it's "Current News." eom KoKo Jul 2012 #18
so, you're admin? cali Jul 2012 #19
Wow, the 'STFU' squad in full force.... The Doctor. Jul 2012 #22
huh? anti-choicer? no, just anti-insane raving cali Jul 2012 #26
It's almost like the forum had a feature to deal with that on your own... AtheistCrusader Jul 2012 #47
This message was self-deleted by its author bupkus Jul 2012 #83
The vast majority of toxic bile in the last two days has come from anti-gun rights posters Johnny Rico Jul 2012 #86
Quite amusing really permatex Jul 2012 #91
"The vast majority of toxic bile in the last two days has come from anti-gun rights posters" Spitfire of ATJ Jul 2012 #147
If I could get close I dump all my "toxic bile" on you. xtraxritical Jul 2012 #157
Excuse me, you've got a little bile on your shoe there. AtheistCrusader Jul 2012 #145
One of the best ideas in days. Golf is over, what now?...n/t monmouth Jul 2012 #23
sounds like a plan. n/t NRaleighLiberal Jul 2012 #24
This message was self-deleted by its author bupkus Jul 2012 #25
lovely post, bupkus. -- Tuesday Afternoon Jul 2012 #29
Just so eloquent. permatex Jul 2012 #35
truly, hope the admin are reading this thread. bupkus really has a way with words. Tuesday Afternoon Jul 2012 #36
This message was self-deleted by its author bupkus Jul 2012 #49
you know it is nasty what you wrote. you even addressed the jury and mentioned that it might Tuesday Afternoon Jul 2012 #60
It's tragic permatex Jul 2012 #62
Its almost FR-like in its authoritarian aggression. HooptieWagon Jul 2012 #65
This message was self-deleted by its author bupkus Jul 2012 #73
Why? Atypical Liberal Jul 2012 #87
"Gun control is a dead issue" Skittles Jul 2012 #92
Dead as in a fresh new dozen dead Tsiyu Jul 2012 #105
dead as in 10,000 a year Skittles Jul 2012 #114
Your numbers are out of date - don't forget that every year they go down. hack89 Jul 2012 #163
The only one spreading their venom here is you permatex Jul 2012 #31
99% of the venom in the last couple of days has been from anti-gun posters. Johnny Rico Jul 2012 #38
I got a hate filled pm from a DU'er, I alerted on it to the admins. permatex Jul 2012 #44
Says a lot about that poster's character, doesn't it? Johnny Rico Jul 2012 #54
Agreed. HooptieWagon Jul 2012 #70
It drives them nuts that this isn't an anti-gun echo chamber. Johnny Rico Jul 2012 #78
Post removed Post removed Jul 2012 #94
I dislike guns and I wish everyone felt that way, but your post is NOT helping. nt Chorophyll Jul 2012 #41
Do you kiss your mom with that mouth? Higgs boson Jul 2012 #42
This message was self-deleted by its author bupkus Jul 2012 #45
Mine passed away in 2007. She once chased a thug out of her house with her .38. Higgs boson Jul 2012 #59
This message was self-deleted by its author bupkus Jul 2012 #64
+ 1000 n/t pkdu Jul 2012 #68
Oops. There's that 'real' American giveaway. Ineeda Jul 2012 #74
No kidding. laundry_queen Jul 2012 #156
You are wrong. Atypical Liberal Jul 2012 #84
How about some proof that the "regulars" in the gun forum.... Marengo Jul 2012 #106
This message was self-deleted by its author bupkus Jul 2012 #131
Forget it. Asking an anti-gun person for proof brings about more insults shadowrider Jul 2012 #154
SO true. I trashed the gungeon and have been ignoring all those spewing RW shit. morningfog Jul 2012 #107
forty percent of democrats own guns Mojorabbit Jul 2012 #125
Bless your heart. n/t Egalitarian Thug Jul 2012 #126
I see what you did there n/t shadowrider Jul 2012 #155
People would take you more seriously if you TYPE IN ALL CAPS!!!111!!! slackmaster Jul 2012 #137
You can make that room invisible. I lobbied for that ability in DU3. onehandle Jul 2012 #140
Iverglass, is that you? rl6214 Jul 2012 #151
Yeah bubkus, dump the gun nuts. I mean really. xtraxritical Jul 2012 #158
They couldn't get this post hidden, so now they're pleading for you to "self delete." apocalypsehow Jul 2012 #172
Sounds good to me. Quantess Jul 2012 #27
Also Admin please note how many times it is called Gungeon and consider a name change, thanks. Tuesday Afternoon Jul 2012 #28
I have never met so many easy ... 99Forever Jul 2012 #30
Aurora NRA Massacre? permatex Jul 2012 #33
Every village needs an idiot. nt Remmah2 Jul 2012 #121
Only if they are positive Fla_Democrat Jul 2012 #32
The sooner the better. TheCowsCameHome Jul 2012 #34
What's your hurry? isuphighyeah Jul 2012 #37
Once the Hounds are Released, On the Road Jul 2012 #39
Post removed Post removed Jul 2012 #40
This message was self-deleted by its author bupkus Jul 2012 #46
EXACTLY. AtheistCrusader Jul 2012 #51
Not familiar with sarcasm, are you? HooptieWagon Jul 2012 #52
This message was self-deleted by its author bupkus Jul 2012 #138
Maybe you should get your sarcasmometer calibrated.......... Higgs boson Jul 2012 #55
This message was self-deleted by its author bupkus Jul 2012 #136
Your a good one to talk permatex Jul 2012 #67
He might be a goner in a short while. Kaleva Jul 2012 #71
This message was self-deleted by its author permatex Jul 2012 #77
He's gone Kaleva Jul 2012 #89
Whoops permatex Jul 2012 #93
Wont work as long as the anti-gun zealots continue with their GD screeds HooptieWagon Jul 2012 #48
This message was self-deleted by its author bupkus Jul 2012 #53
What Do You Call Pro-Gun Folks otohara Jul 2012 #66
NRA are the pro-gun zealots, only 4% of owners belong. HooptieWagon Jul 2012 #85
Then I Invite You To Watch - The Secret War On Guns otohara Jul 2012 #95
QED. HooptieWagon Jul 2012 #117
OMG - seriously? Ruby the Liberal Jul 2012 #100
Perhaps 65-70% of those who vote Democrat support RKBA. Are you suggesting DU ignore them? nt jody Jul 2012 #50
Sure. If they are single issue voters (guns) who will run to the right, morningfog Jul 2012 #108
I'm sick of the gun posts! K&R B Calm Jul 2012 #57
All the talk and nothing will happen with any type of gun control. I don't mind southernyankeebelle Jul 2012 #58
I've had f-bomb after f-bomb thrown at me for pointing out just that. Johnny Rico Jul 2012 #80
When their argument is desparate, thats what they resort to. HooptieWagon Jul 2012 #90
Yes and again I had someone who didn't agree with me get nasty. But I think everyone is southernyankeebelle Jul 2012 #104
And can it be done retroactively? TheCowsCameHome Jul 2012 #61
Nobody is running them off, we just want the discussion B Calm Jul 2012 #63
I hope so. nt snappyturtle Jul 2012 #69
Sorry to be a red-headed step child sarisataka Jul 2012 #72
Yes. A number of these OPs were started by folks I don't see in the gungeon. Kaleva Jul 2012 #76
Agree and those new to discussing unalienable rights are shocked to find that SCOTUS said jody Jul 2012 #98
Exactly. Well said. N/t Atypical Liberal Jul 2012 #88
Yes, exactly. HooptieWagon Jul 2012 #99
This message was self-deleted by its author bupkus Jul 2012 #144
Meanwhile the momentum against Romney is losing steam. Unfortunate. n/t FedUpWithIt All Jul 2012 #75
Good question. MontecaR Jul 2012 #79
Congrats to the OP on the 75-post milestone! Tejas Jul 2012 #81
I think I'm ready for that. Blue_In_AK Jul 2012 #82
I haven't read every thread or every post related to the Colorado murders.... soccer1 Jul 2012 #96
I dunno... liberalmuse Jul 2012 #97
Yeah, right, chervilant Jul 2012 #135
Please yes. Rec nt PufPuf23 Jul 2012 #102
I agree. Initially I could understand the spillover, now it's getting absurd and some people appear MADem Jul 2012 #103
The point of all the Colorado shooting posts is .?.?.?.. dtom67 Jul 2012 #109
Until next time. The next Zimmerman or next crazed shooting morningfog Jul 2012 #110
Send the guns to the junk yard samsingh Jul 2012 #111
Please, please, please! For now, I'll just trash those threads. nt valerief Jul 2012 #113
Back to the hidey hole with thee flamingdem Jul 2012 #116
I'm getting tire of hitting the trash button. Can't believe it's allowed to dominate every board nt progressivebydesign Jul 2012 #119
don't send all these shitty silly threads to RKBA. ileus Jul 2012 #120
RKBA? rgbecker Jul 2012 #129
This message was self-deleted by its author bupkus Jul 2012 #132
K&R demmiblue Jul 2012 #133
Amen, cali. I'm visiting here less, all these bullshit copycat threads, closeupready Jul 2012 #141
It can't happen soon enough. likesmountains 52 Jul 2012 #142
Pretty, pretty please send them back. MissMarple Jul 2012 #143
Since DU3's inception, I've trashed 30 threads - 28 just today about guns closeupready Jul 2012 #146
I wish we could have checkboxes and do a mass-delete SoCalDem Jul 2012 #152
I wish. HappyMe Jul 2012 #148
They're still talking about the LOSING ISSUE gun control! B Calm Jul 2012 #162
How about now, 2 days after this OP was written? cali Jul 2012 #164
Ditto. (Again.) I'm probably at about 145 threads trashed. closeupready Jul 2012 #167
oh please do.. i'm tired of them at this point nt steve2470 Jul 2012 #165
move them to the gun forum please! warrior1 Jul 2012 #166
If you want GD restored and gun posts (largely) back in the gungeon cali Jul 2012 #168
. Quantess Jul 2012 #169
Hide thread, ignore user works for me (nt) bigwillq Jul 2012 #170
K&R BumRushDaShow Jul 2012 #171
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