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jimmy the one

(2,806 posts)
27. Jos Story & Blackstone
Sat Jan 19, 2013, 09:43 AM
Jan 2013

potowmack institute: Thomas M. Cooley's 1884 edition of Blackstone's Commentaries on the Laws of England includes an annotation to the English jurist's comments on the right to bear arms, the annotation stating that "in the United States this right is preserved by express constitutional provisions. But it extends no further than to keep and bear those arms which are suited and proper for the general defense of the community against invasion and oppression." http://www.potowmack.org/lcress.html#note49

Certainly there was no doubt in the mind of Justice Joseph Story {~1830's}, the great constitutional commentator of the period, that the Second Amendment was intended to guarantee "a well-regulated militia."
"The importance of this article will scarcely be doubted by any persons who have duly reflected upon the subject." Why? Because "the militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers."
Citing Blackstone's Commentaries on the Laws of England, Story noted that "the right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers." Story's only concern was that Americans had developed an indifference to the militia that he feared would lead to contempt. If that happened, "all the protection intended by this clause of our national bill of rights" would be undermined. "The importance of a well regulated militia would seem so undeniable," argued the Supreme Court justice, that "how it is practicable to keep the people duly armed without some organization, it is difficult to see."

The state and federal courts have seldom wavered from Story's interpretation of the Second Amendment. Thomas M. Cooley's 1884 edition of Blackstone's Commentaries on the Laws of England includes an annotation to the English jurist's comments on the right to bear arms, the annotation stating that "in the United States this right is preserved by express constitutional provisions. But it extends no further than to keep and bear those arms which are suited and proper for the general defense of the community against invasion and oppression." The decision handed down by the New Jersey Supreme Court a century later is typical of what is by now nearly two centuries of constitutional opinion solidly based in the intellectual climate of the eighteenth century: "The Second Amendment, concerning the right of the people to keep and bear arms, was framed in contemplation not of individual rights but of the maintenance of the states' active, organized militias."

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True; but ... 1StrongBlackMan Jan 2013 #1
Yes. I posted this to narrow the discussion to cthulu2016 Jan 2013 #3
I like the "diminishing with distance" image Recursion Jan 2013 #2
Right! (I didn't mean distance litteraly, of course, but conceptually) cthulu2016 Jan 2013 #4
Not in FL... Sekhmets Daughter Jan 2013 #9
Don't forget truebluegreen Jan 2013 #26
Yep ... 1StrongBlackMan Jan 2013 #5
Stand Your Ground laws have been passed in 24 states... Sekhmets Daughter Jan 2013 #10
Not quite... Sekhmets Daughter Jan 2013 #6
Which does not contradict the OP cthulu2016 Jan 2013 #7
I said not quite...I didn't say you were entirely wrong... Sekhmets Daughter Jan 2013 #8
Obama disagrees with the liberal SCOTUS? jimmy the one Jan 2013 #13
Yep that is what he is doing. Sekhmets Daughter Jan 2013 #15
Obama supported that in 2008. I objected at the time. cthulu2016 Jan 2013 #18
That's not exactly telling the whole truth. dairydog91 Jan 2013 #12
How do you get it so backwards? Sekhmets Daughter Jan 2013 #14
Because I read the text of the cases... dairydog91 Jan 2013 #23
Just read the second amendment... Sekhmets Daughter Jan 2013 #28
miller decison unanimous 9 - 0 jimmy the one Jan 2013 #17
Cite cases, please. dairydog91 Jan 2013 #24
The central right identified in Dred Scott tabasco Jan 2013 #11
Not quite.. X_Digger Jan 2013 #16
You're right, though central isnt the same as only cthulu2016 Jan 2013 #19
The court was asked to address one aspect of the right, specifically handguns in the home.. X_Digger Jan 2013 #20
IMO, the second ammendment defines a right to arms in defense of one's self. OneTenthofOnePercent Jan 2013 #21
The Second Amendment isn't about the right to own a gun duffyduff Jan 2013 #22
April Love 2ndA court case jimmy the one Jan 2013 #25
Jos Story & Blackstone jimmy the one Jan 2013 #27
Miller, 1939 take II jimmy the one Jan 2013 #29
cruikshank, presser, lewis jimmy the one Jan 2013 #30
ally ally in come free jimmy the one Jan 2013 #31
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