General Discussion
In reply to the discussion: The would be mass killer back when the 2nd Amendment was conceived.... [View all]jmg257
(11,996 posts)ruling in subsequent challenges.
Madison knew where the chief danger lied, not just with govt usurption, but he still thought a Bill of Rights proper:
In Virginia, I have seen the bill of rights violated in every instance where it has been opposed to a popular current...
In our Governments the real power lies in the majority of the Community, and the invasion of private rights is cheifly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of the constituents.
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1. The political truths declared in that solemn manner acquire by degrees the character of fundamental maxims of free Government, and as they become incorporated with the national sentiment, counteract the impulses of interest and passion.
2. Altho' it be generally true as above stated that the danger of oppression lies in the interested majorities of the people rather than in usurped acts of the Government, yet there may be occasions on which the evil may spring from the latter sources; and on such, a bill of rights will be a good ground for an appeal to the sense of the community
I am inclined to think that absolute restrictions in cases that are doubtful, or where emergencies may overrule them, ought to be avoided. The restrictions however strongly marked on paper will never be regarded when opposed to the decided sense of the public.