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The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles.
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Jeff Cooper (The Art of the Rifle)
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Civil Wars happen when the victimized are armed. Genocide happens when they are not.
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A.E. Samaan
“
Without Thomas Jefferson and his Declaration of Independence, there would have been no American revolution that announced universal principles of liberty. Without his participation by the side of the unforgettable Marquis de Lafayette, there would have been no French proclamation of The Rights of Man. Without his brilliant negotiation of the Louisiana treaty, there would be no United States of America. Without Thomas Jefferson and James Madison, there would have been no Virginia Statute on Religious Freedom, and no basis for the most precious clause of our most prized element of our imperishable Bill of Rights - the First Amendment to the United States Constitution.
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Christopher Hitchens
“
The way liberals are interpreting the First Amendment today is that it prevents anyone who is religious from being in government.
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Rush Limbaugh (The Way Things Ought to Be)
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I was astonished, bewildered. This was America, a country where, whatever its faults, people could speak, write, assemble, demonstrate without fear. It was in the Constitution, the Bill of Rights. We were a democracy...
But I knew it wasn't a dream; there was a painful lump on the side of my head...
The state and its police were not neutral referees in a society of contending interests. They were on the side of the rich and powerful. Free speech? Try it and the police will be there with their horses, their clubs, their guns, to stop you.
From that moment on, I was no longer a liberal, a believer in the self-correcting character of American democracy. I was a radical, believing that something fundamental was wrong in this country--not just the existence of poverty amidst great wealth, not just the horrible treatment of black people, but something rotten at the root. The situation required not just a new president or new laws, but an uprooting of the old order, the introduction of a new kind of society--cooperative, peaceful, egalitarian.
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Howard Zinn (You Can't Be Neutral on a Moving Train: A Personal History of Our Times)
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Guns are a necessary tool designed to help your people avoid a repeat of history.
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A.E. Samaan
“
Regulated" rights are not rights. They are niceties and platitudes intended to keep the populace thinking their individual autonomy is respected by their government.
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A.E. Samaan
“
The Bill of Rights is the United States. The United States is the Bill of Rights. Compromise the Bill of Rights and you dissolve the very foundation upon which the Union stands.
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A.E. Samaan
“
When describing the University of Virginia: Here, We are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it.
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Thomas Jefferson (Declaration of Independence, Constitution of the United States of America, Bill of Rights and Constitutional Amendments (Including Images of Original)
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In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
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Benjamin Franklin (Declaration of Independence, Constitution of the United States of America, Bill of Rights and Constitutional Amendments)
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The Fourth Amendment wasn't written for people with nothing to hide any more than the First Amendment was written for people with nothing to say.
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Dave Krueger
“
Which parts of the Bill of Rights are you willing to surrender just so you can virtue signal your willingness to compromise... to find a middle ground... to be middle of the road?
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A.E. Samaan
“
We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.
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Thomas Jefferson (The Declaration of Independence and United States Constitution with Bill of Rights and all Amendments (Annotated))
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Frederick Douglass called Republicans the ‘Party of freedom and progress,’ and the first Republican president was Abraham Lincoln, the author of the Emancipation Proclamation. It was the Republicans in Congress who authored the thirteenth, fourteenth, and fifteenth amendments giving former slaves citizenship, voting rights, and due process of law. The Democrats on the other hand were the Party of Jim Crow. It was Democrats who defended the rights of slave owners. It was the Republican President Dwight Eisenhower who championed the Civil Rights Act of 1957, but it was Democrats in the Senate who filibustered the bill.
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Elbert Guillory
“
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
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Thomas Jefferson (Declaration of Independence, Constitution of the United States of America, Bill of Rights and Constitutional Amendments)
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Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred
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Thomas Jefferson (The Constitution, Bill of Rights, all of the Amendments; The Declaration of Independence, and The Articles of Confederation)
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Every amendment in the Bill of Rights expressly tells the government what IT is forbidden to do, not one of them explains what the people can't do
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Mike Huckabee (A Simple Government: Twelve Things We Really Need from Washington (and a Trillion That We Don't))
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He, Jeff, and Troy Lee carried Super Soakers loaded with Grandma Lee's Vampire Cat Remedy, other Animals had garden sprayers slung on their backs, except for Gustavo, who thought that making him carry a garden sprayer was racial stereotyping. Gustavo had a flame thrower. He wouldn't say where he got it.
"Second Amendment, cabrones." (The guy who sold Gustavo his green card had included two amendments from the Bill of Rights and Gustavo had chosen Two and Four, the right to bear arms and freedom from unreasonable search and seizure. [His sister Estrella had had seizures as a child. No bueno.] For five bucks extra he threw in the Third Amendment, which Gustavo bought because he was already sharing a three-bedroom house in Richmond with nineteen cousins and they didn't have any room to quarter soldiers.)
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Christopher Moore (Bite Me (A Love Story, #3))
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Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good as well as by evil men. Nationalism is a relatively recent phenomenon but at other times and places the ends have been racial or territorial security, support of a dynasty or regime, and particular plans for saving souls. As first and moderate methods to attain unity have failed, those bent on its accomplishment must resort to an ever-increasing severity. . . . Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.
It seems trite but necessary to say that the First Amendment to our Constitution was designed to avoid these ends by avoiding these beginnings. There is no mysticism in the American concept of the State or of the nature or origin of its authority. We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority.
If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.
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Robert H. Jackson
“
From time to time our national history has been marred by forgetfulness of the Jeffersonian principle that restraint is at the heart of liberty. In 1789 the Federalists adopted Alien and Sedition Acts in a shabby political effort to isolate the Republic from the world and to punish political criticism as seditious libel. In 1865 the Radical Republicans sought to snare private conscience in a web of oaths and affirmations of loyalty. Spokesmen for the South did service for the Nation in resisting the petty tyranny of distrustful vengeance. In the 1920's the Attorney General of the United States degraded his office by hunting political radicals as if they were Salem witches. The Nation's only gain from his efforts were the classic dissents of Holmes and Brandeis.
In our own times, the old blunt instruments have again been put to work. The States have followed in the footsteps of the Federalists and have put Alien and Sedition Acts upon their statute books. An epidemic of loyalty oaths has spread across the Nation until no town or village seems to feel secure until its servants have purged themselves of all suspicion of non-conformity by swearing to their political cleanliness.
Those who love the twilight speak as if public education must be training in conformity, and government support of science be public aid of caution.
We have also seen a sharpening and refinement of abusive power. The legislative investigation, designed and often exercised for the achievement of high ends, has too frequently been used by the Nation and the States as a means for effecting the disgrace and degradation of private persons. Unscrupulous demagogues have used the power to investigate as tyrants of an earlier day used the bill of attainder.
The architects of fear have converted a wholesome law against conspiracy into an instrument for making association a crime. Pretending to fear government they have asked government to outlaw private protest. They glorify "togetherness" when it is theirs, and call it conspiracy when it is that of others.
In listing these abuses I do not mean to condemn our central effort to protect the Nation's security. The dangers that surround us have been very great, and many of our measures of vigilance have ample justification. Yet there are few among us who do not share a portion of the blame for not recognizing soon enough the dark tendency towards excess of caution.
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John Fitzgerald Kennedy
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This principle—the need for democracies to protect the rights of minorities—was one of the reasons that the U.S. Constitution’s first ten amendments (the Bill of Rights) were added so quickly. (You don’t need a Bill of Rights to protect the rights of the majority in a democracy, because the vote already does that.)
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Jonathan Haidt (The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting up a Generation for Failure)
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granted by the United States: And no Person holding any Office of Profit or Trust under them, shall,
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Thomas Jefferson (The Constitution, Bill of Rights, all of the Amendments; The Declaration of Independence, and The Articles of Confederation)
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The 2nd Amendment exists for the same reason "Madame la Guillotine" existed; to cut off the head of a corrupt governing class.
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A.E. Samaan
“
I cannot believe that Muffy just called the First Amendment fiddle-faddle. Fiddle Faddle is a delicious candy-coated popcorn snack food. It has nothing to do with the Bill of Rights.
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Meg Cabot (The Bride Wore Size 12 (Heather Wells, #5))
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The ACLU’s reversal of policy is just one example of how the Democrat elite do not want to uphold the Constitution. They do not support the Bill of Rights. And they do not support the First Amendment.
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Tulsi Gabbard (For Love of Country: Leave the Democrat Party Behind)
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According to the legal historian Akhil Reed Amar, before the enactment of the Fourteenth Amendment to the Constitution in 1868, “the Supreme Court never—not once—referred to the 1792 decalogue as ‘the’ or ‘a’ bill of rights.
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Pauline Maier (Ratification: The People Debate the Constitution, 1787-1788)
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The Republican Congress shelved a civil rights bill, and, in May 1872, it enacted an amnesty law that restored full political rights to the vast majority of ex-Confederates who had been barred from office under a special provision of the Fourteenth Amendment.
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Charles Lane (The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction)
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The next year, the Court decided what is generally viewed as the major case of the early years. The decision, Chisholm v. Georgia (1793), provoked an immediate backlash, in the form of the first constitutional amendment to be ratified after the ten amendments of the Bill of Rights.
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Linda Greenhouse (The U.S. Supreme Court: A Very Short Introduction (Very Short Introductions))
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Senate Democrats introduced an amendment to the Constitution that would have amended the Bill of Rights to give Congress broad authority to regulate political speech. Sadly, tragically, astonishingly, every single Democrat in the Senate voted to repeal the free speech provisions of the First Amendment.
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Ted Cruz (A Time for Truth: Reigniting the Promise of America)
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whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
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Various (US Constitution: Declaration of Independence, Bill of Rights, & Amendments (Illustrated))
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Votes cast in opposition to open housing, busing, the Civil Rights Act, and other measures time and again showed the same divisions as votes for amendments to crime bills. . . . Members of Congress who voted against civil rights measures proactively designed crime legislation and actively fought for their proposals.”47
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Michelle Alexander (The New Jim Crow: Mass Incarceration in the Age of Colorblindness)
“
The Constitution became even more acceptable to the public at large after the first Congress, responding to criticism, passed a series of amendments known as the Bill of Rights. These amendments seemed to make the new government a guardian of people’s liberties: to speak, to publish, to worship, to petition, to assemble, to be tried fairly, to be secure at home against official intrusion. It was, therefore, perfectly designed to build popular backing for the new government. What was not made clear—it was a time when the language of freedom was new and its reality untested—was the shakiness of anyone’s liberty when entrusted to a government of the rich and powerful.
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Howard Zinn (A People's History of the United States)
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With only a few exceptions, the Supreme Court has seized every opportunity to facilitate the drug war, primarily by eviscerating Fourth Amendment protections against unreasonable searches and seizures by the police. The rollback has been so pronounced that some commentators charge that a virtual “drug exception” now exists to the Bill of Rights.
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Michelle Alexander (The New Jim Crow: Mass Incarceration in the Age of Colorblindness)
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Anonymity is a shield from the tyranny of the majority . . . It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation—and their ideas from suppression—at the hand of an intolerant society. —Majority opinion in Supreme Court case McIntyre v. Ohio Elections Commission
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Jacob Silverman (Terms of Service: Social Media and the Price of Constant Connection)
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Let us have it plain: my society is comprised of metal-worshipers. They pray to metal, are owned by metal, and metal uses them; it shoots them, it stabs them. I witness its sycophants, grave zombies, moved about humorlessly as its agents. My minions are spiritually rapt as the ages climaxes in gunpowder. One notes that, upon first being handed a rifle -- by Burton or Speke? -- a chieftain blithely shot one of his own lackeys, expressing radiant joy as the man tumbled dead. Do not stop there, happy Klansman, but watch with me early in the morning as I come in from work: across the street here in the clean "burbs" your white policeman goes reverently to his car with a deer rifle coddled in his right arm like a precocious, beautiful child. This man lives with a pistol on his hip all week, but that is not enough, no, he is devout and it is the Christmas season. His own cowardice, affirmed by the use of guns, would not occur to him any more than the cowardice of God. The gun lobby, oh my peaceful friends, you may hate, but first you had better understand that it is a religion, only secondarily connected to the Bill of Rights. The thick-headed, sometimes even close to tearful, gaze you get when chatting with one of its partisans emanates from the view that they're holding a piece of God. There is no persuading them otherwise, even by a genus, because a life without guns implies the end of the known world to them. Any connection they make to our " pioneer past" is also a fraud, a wistful apology. Folks love a gun for what it can do. A murderer always thinks it was an accident, he says, as if a religious episode had passed over him.
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Barry Hannah (Bats Out of Hell)
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Our Constitution is not good. It is a document designed to create a society of enduring white male dominance, hastily edited in the margins to allow for what basic political rights white men could be convinced to share. The Constitution is an imperfect work that urgently and consistently needs to be modified and reimagined to make good on its unrealized promises of justice and equality for all. And yet you rarely see liberals make the point that the Constitution is actually trash. Conservatives are out here acting like the Constitution was etched by divine flame upon stone tablets, when in reality it was scrawled out over a sweaty summer by people making deals with actual monsters who were trying to protect their rights to rape the humans they held in bondage. Why would I give a fuck about the original public meaning of the words written by these men? Conservatives will tell you that the text of laws explicitly passed in response to growing political, social, or economic power of nonwhite minorities should be followed to their highest grammatical accuracy, and I’m supposed to agree the text of this bullshit is the valid starting point of the debate? Nah. As Rory Breaker says in the movie Lock, Stock and Two Smoking Barrels: “If the milk turns out to be sour, I ain’t the kind of pussy to drink it.” The Constitution was so flawed upon its release in 1787 that it came with immediate updates. The first ten amendments, the “Bill of Rights,” were demanded by some to ensure ratification of the rest of the document. All of them were written by James Madison, who didn’t think they were actually necessary but did it to placate political interests.
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Elie Mystal (Allow Me to Retort: A Black Guy’s Guide to the Constitution)
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The bill for establishing religious freedom, the principles of which had, to a certain degree, been enacted before, I had drawn in all the latitude of reason & right. It still met with opposition; but, with some mutilations in the preamble, it was finally passed; and a singular proposition proved that it's protection of opinion was meant to be universal. Where the preamble declares that coercion is a departure from the plan of the holy author of our religion, an amendment was proposed, by inserting the word "Jesus Christ," so that it should read "a departure from the plan of Jesus Christ, the holy author of our religion." The insertion was rejected by a great majority, in proof that they meant to comprehend, within the mantle of it's protection, the Jew and the Gentile, the Christian and Mahometan, the Hindoo, and infidel of every denomination.
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Thomas Jefferson (Autobiography of Thomas Jefferson (Optimized for Kindle))
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But Hamilton lost the day, Jefferson won, and we have a Bill of Rights built into our Constitution that, as Hamilton feared, has increasingly been used to limit, rather than expand, the range of human rights American citizens can claim. And because it’s in our Constitution, the only way other than a Supreme Court decision to make explicit “new” rights (such as a right to health care) is through the process of amending that document.
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Thom Hartmann (Unequal Protection: How Corporations Became "People"—and How You Can Fight Back)
“
Sadly, not all veterans had equal access to an education, even under the GI Bill’s amendments. Although no provision prevented African American and female veterans from securing an education under the bill, these veterans returned to a nation that still endorsed segregated schools and largely believed a woman’s place was in the home. For African American veterans, educational opportunities were limited. In the words of historian Christopher P. Loss, “Legalized segregation denied most black veterans admission into the nation’s elite, overwhelmingly white universities, and insufficient capacity at the all-black schools they could attend failed to match black veterans’ demand.” The number of African American students at U.S. colleges and universities tripled between 1940 and 1950, but many prospective students were turned away because of their race. For those African Americans who did earn a degree under the GI Bill, employment discrimination prevented them from gaining positions commensurate with their education. Many African American college graduates were offered low-level jobs that they could have secured without any education. Almost a decade elapsed between V-J Day and the Supreme Court’s landmark decision in Brown v. Board of Education, which struck down segregated schools. It would take another decade after Brown for the civil rights movement to fully develop and for public schools to make significant strides in integrating.
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Molly Guptill Manning (When Books Went to War: The Stories That Helped Us Win World War II)
“
With only a few exceptions, the Supreme Court has seized every opportunity to facilitate the drug war, primarily by eviscerating Fourth Amendment protections against unreasonable searches and seizures by the police. The rollback has been so pronounced that some commentators charge that a virtual 'drug exception' now exists to the Bill of Rights. Shortly before his death, Justice Thurgood Marshall felt compelled to remind his colleagues that there is, in fact, 'no drug exception' written into the text of the Constitution.
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Michelle Alexander (The New Jim Crow: Mass Incarceration in the Age of Colorblindness)
“
Two centuries ago, the United States settled into a permanent political order, after fourteen years of violence and heated debate. Two centuries ago, France fell into ruinous disorder that ran its course for twenty-four years. In both countries there resounded much ardent talk of rights--rights natural, rights prescriptive. . . .
[F]anatic ideology had begun to rage within France, so that not one of the liberties guaranteed by the Declaration of the Rights of Man could be enjoyed by France's citizens. One thinks of the words of Dostoievski: "To begin with unlimited liberty is to end with unlimited despotism." . . .
In striking contrast, the twenty-two senators and fifty-nine representatives who during the summer of 1789 debated the proposed seventeen amendments to the Constitution were men of much experience in representative government, experience acquired within the governments of their several states or, before 1776, in colonial assembles and in the practice of the law. Many had served in the army during the Revolution. They decidedly were political realists, aware of how difficult it is to govern men's passions and self-interest. . . . Among most of them, the term democracy was suspect. The War of Independence had sufficed them by way of revolution. . . .
The purpose of law, they knew, is to keep the peace. To that end, compromises must be made among interests and among states. Both Federalists and Anti-Federalists ranked historical experience higher than novel theory. They suffered from no itch to alter American society radically; they went for sound security. The amendments constituting what is called the Bill of Rights were not innovations, but rather restatements of principles at law long observed in Britain and in the thirteen colonies. . . .
The Americans who approved the first ten amendments to their Constitution were no ideologues. Neither Voltaire nor Rousseau had any substantial following among them. Their political ideas, with few exceptions, were those of English Whigs. The typical textbook in American history used to inform us that Americans of the colonial years and the Revolutionary and Constitutional eras were ardent disciples of John Locke. This notion was the work of Charles A. Beard and Vernon L. Parrington, chiefly. It fitted well enough their liberal convictions, but . . . it has the disadvantage of being erroneous. . . .
They had no set of philosophes inflicted upon them. Their morals they took, most of them, from the King James Bible and the Book of Common Prayer. Their Bill of Rights made no reference whatever to political abstractions; the Constitution itself is perfectly innocent of speculative or theoretical political arguments, so far as its text is concerned. John Dickinson, James Madison, James Wilson, Alexander Hamilton, George Mason, and other thoughtful delegates to the Convention in 1787 knew something of political theory, but they did not put political abstractions into the text of the Constitution. . . .
Probably most members of the First Congress, being Christian communicants of one persuasion or another, would have been dubious about the doctrine that every man should freely indulge himself in whatever is not specifically prohibited by positive law and that the state should restrain only those actions patently "hurtful to society." Nor did Congress then find it necessary or desirable to justify civil liberties by an appeal to a rather vague concept of natural law . . . .
Two centuries later, the provisions of the Bill of Rights endure--if sometimes strangely interpreted. Americans have known liberty under law, ordered liberty, for more than two centuries, while states that have embraced the Declaration of the Rights of Man and of the Citizen, with its pompous abstractions, have paid the penalty in blood.
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Russell Kirk (Rights and Duties: Reflections on Our Conservative Constitution)
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The First Congress of the United States passed the Bill of Rights—the first ten amendments to the Constitution—to put fences around the federal government, saying it could not establish any specific religion, silence the press, police speech, stop the people from assembling peacefully, take away the right of the people to bear arms, deny trials by jury, arbitrarily seize property, and so on. These rights were not rights given to individuals, as the modern Supreme Court has interpreted them, but rather were designed to hold back the government if it began to overreach.
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Heather Cox Richardson (Democracy Awakening: Notes on the State of America)
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We maintain therefore that in matters of Religion, no man’s right is abridged by the institution of Civil Society, and that Religion is wholly exempt from its cognizance. True it is, that no other rule exists, by which any question which may divide a Society, can be ultimately determined, but the will of the majority; but it is also true, that the majority may trespass on the rights of the minority.
...Because it is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of Citizens, and one of the noblest characteristics of the late Revolution. The free men of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much soon to forget it. Who does not see that the same authority which can establish Christianity, in exclusion of all other Religions, may establish with the same ease any particular sect of Christians, in exclusion of all other Sects? that the same authority which can force a citizen to contribute three pence only of his property for the support of any one establishment, may force him to conform to any other establishment in all cases whatsoever?
...Because experience witnesseth that ecclesiastical establishments, instead of maintaining the purity and efficacy of Religion, have had a contrary operation. During almost fifteen centuries has the legal establishment of Christianity been on trial. What have been its fruits? More or less in all places, pride and indolence in the Clergy, ignorance and servility in the laity, in both, superstition, bigotry and persecution.
...What influence in fact have ecclesiastical establishments had on Civil Society? In some instances they have been seen to erect a spiritual tyranny on the ruins of the Civil authority; in many instances they have been seen upholding the thrones of political tyranny: in no instance have they been seen the guardians of the liberties of the people. Rulers who wished to subvert the public liberty, may have found an established Clergy convenient auxiliaries. A just Government instituted to secure & perpetuate it needs them not. Such a Government will be best supported by protecting every Citizen in the enjoyment of his Religion with the same equal hand which protects his person and his property; by neither invading the equal rights of any Sect, nor suffering any Sect to invade those of another.
[Memorial and Remonstrance Against Religious Assessments, 20 June 1785. This was written in response to a proposed bill that would establish 'teachers of the Christian religion', violating the 1st Amendment's establishment clause]
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James Madison (A Memorial And Remonstrance, On The Religious Rights Of Man: Written In 1784-85 (1828))
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By the 1950s, most Republicans had accommodated themselves to New Deal–era health and safety regulations, and the Northeast and the Midwest produced scores of Republicans who were on the liberal end of the spectrum when it came to issues like conservation and civil rights. Southerners, meanwhile, constituted one of the Democratic Party’s most powerful blocs, combining a deep-rooted cultural conservatism with an adamant refusal to recognize the rights of African Americans, who made up a big share of their constituency. With America’s global economic dominance unchallenged, its foreign policy defined by the unifying threat of communism, and its social policy marked by a bipartisan confidence that women and people of color knew their place, both Democrats and Republicans felt free to cross party lines when required to get a bill passed. They observed customary courtesies when it came time to offer amendments or bring nominations to a vote and kept partisan attacks and hardball tactics within tolerable bounds. The story of how this postwar consensus broke down—starting with LBJ’s signing of the Civil Rights Act of 1964 and his prediction that it would lead to the South’s wholesale abandonment of the Democratic Party—has been told many times before. The realignment Johnson foresaw ended up taking longer than he had expected. But steadily, year by year—through Vietnam, riots, feminism, and Nixon’s southern strategy; through busing, Roe v. Wade, urban crime, and white flight; through affirmative action, the Moral Majority, union busting, and Robert Bork; through assault weapons bans and the rise of Newt Gingrich, gay rights and the Clinton impeachment—America’s voters and their representatives became more and more polarized.
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Barack Obama (A Promised Land)
“
Thus through two centuries a continuous indoctrination of Americans has separated people according to mythically superior and inferior qualities while a democratic spirit of equality was evoked as the national ideal. These concepts of racism, and this schizophrenic duality of conduct, remain deeply rooted in American thought today. This tendency of the nation to take one step forward on the question of racial justice and then to take a step backward is still the pattern. Just as an ambivalent nation freed the slaves a century ago with no plan or program to make their freedom meaningful, the still ambivalent nation in 1954 declared school segregation unconstitutional with no plan or program to make integration real. Just as the Congress passed a civil rights bill in 1868 and refused to enforce it, the Congress passed a civil rights bill in 1964 and to this day has failed to enforce it in all its dimensions. Just as the Fifteenth Amendment in 1870 proclaimed Negro suffrage, only to permit its de facto withdrawal in half the nation, so in 1965 the Voting Rights Law was passed and then permitted to languish with only fractional and halfhearted implementation.
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Martin Luther King Jr. (Where Do We Go from Here: Chaos or Community?)
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Between the Restoration and the Glorious Revolution, the Stuart Kings Charles II and James II succeeded in using select militias loyal to them to suppress political dissidents, in part by disarming their opponents. Under the auspices of the 1671 Game Act, for example, the Catholic James II had ordered general disarmaments of regions home to his Protestant enemies. These experiences caused Englishmen to be extremely wary of concentrated military forces run by the state and to be jealous of their arms. They accordingly obtained an assurance from William and Mary, in the Declaration of Right (which was codified as the English Bill of Rights), that Protestants would never be disarmed: “That the subjects which are Protestants may have arms for their defense suitable to their conditions and as allowed by law.” This right has long been understood to be the predecessor to our Second Amendment. It was clearly an individual right, having nothing whatever to do with service in a militia. To be sure, it was an individual right not available to the whole population, given that it was restricted to Protestants, and like all written English rights it was held only against the Crown, not Parliament. But it was secured to them as individuals, according to “libertarian political principles,” not as members of a fighting force.
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Antonin Scalia (Scalia's Court: A Legacy of Landmark Opinions and Dissents)
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1689: King William of Orange guarantees his subjects (except Catholics) the right to bear arms for self-defense in a new Bill of Rights. 1819: In response to civil unrest, a temporary Seizure of Arms Act is passed; it allows constables to search for, and confiscate, arms from people who are “dangerous to the public peace.” This expired after two years. 1870: A license is needed only if you want to carry a firearm outside of your home. 1903: The Pistols Act is introduced and seems to be full of common sense. No guns for drunks or the mentally insane, and licenses are required for handgun purchases. 1920: The Firearms Act ushers in the first registration system and gives police the power to deny a license to anyone “unfitted to be trusted with a firearm.” According to historian Clayton Cramer, this is the first true pivot point for the United Kingdom, as “the ownership of firearms ceased to be a right of Englishmen, and instead became a privilege.” 1937: An update to the Firearm Act is passed that raises the minimum age to buy a gun, gives police more power to regulate licenses, and bans most fully automatic weapons. The home secretary also rules that self-defense is no longer a valid reason to be granted a gun certificate. 1967: The Criminal Justice Act expands licensing to shotguns. 1968: Existing gun laws are placed into a single statute. Applicants have to show good reason for carrying ammunition and guns. The Home Office is also given the power to set fees for shotgun licenses. 1988: After the Hungerford Massacre, in which a crazy person uses two semi-automatic rifles to kill fifteen people, an amendment to the Firearms Act is passed. According to the BBC, this amendment “banned semi-automatic and pump-action rifles; weapons which fire explosive ammunition; short shotguns with magazines; and elevated pump-action and self-loading rifles. Registration was also made mandatory for shotguns, which were required to be kept in secure storage.” 1997: After the Dunblane massacre results in the deaths of sixteen children and a teacher (the killer uses two pistols and two revolvers), another Firearms Act amendment is passed, this one essentially banning all handguns. 2006: After a series of gun-related homicides get national attention, the Violent Crime Reduction Act is passed, making it a crime to make or sell imitation guns and further restricting the use of “air weapons.
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Glenn Beck (Control: Exposing the Truth About Guns)
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There was an original purpose to the Second Amendment, but it wasn’t to keep people safe. It was to preserve white supremacy and slavery. The Second Amendment is in the Constitution because Patrick Henry (Virginia’s governor at the time that the Constitution was being debated) and George Mason (the intellectual leader of the movement against the Constitution, the “anti-federalists”) won a debate against James Madison (the guy who wrote most of the Constitution and its original ten amendments). Henry and Mason wanted the Second Amendment in there to guard against slave revolts. Although, overall, white Southerners outnumbered their enslaved populations, that numerical advantage did not hold in every region. In parts of Virginia, for instance, enslaved Black people outnumbered whites. Predictably, whites were worried about slave revolts because, you know, holding people in bondage against their will is not all that easy to do without numerical and military superiority. The principal way of quelling slave revolts was (wait for it): armed militias of white people. Gangs of white people roving around, imposing white supremacy, is nothing new. But the slavers worried that the new Constitution put the power of raising militias with the federal government and not with the individual states. That would mean that the federal government, dominated by Northerners, could choose to not help the South should their population of oppressed humans demand freedom. In a May 2018 New York Times article, Professor Carl Bogus of Roger Williams University School of Law explained the argument like this: During the debate in Richmond, Mason and Henry suggested that the new Constitution gave Congress the power to subvert the slave system by disarming the militias. “Slavery is detested,” Henry reminded the audience. “The majority of Congress is to the North, and the slaves are to the South.” Henry and Mason argued that because the Constitution gave the federal government the power to arm the militias, only the federal government could do so: “If they neglect or refuse to discipline or arm our militia, they will be useless: the states can do neither—this power being exclusively given to Congress.” Why would the federal government “neglect” a Southern militia? Henry and Mason feared the Northerners who “detested” slavery would refuse to help the South in the event of a slave uprising. Madison eventually gave in to the forces of slavery and included the Second Amendment, along with his larger Bill of Rights.
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Elie Mystal (Allow Me to Retort: A Black Guy’s Guide to the Constitution)
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Right of the People." The first salient feature of the operative clause is that it codifies a "right of the people." The unamended Constitution and the Bill of Rights use the phrase "right of the people" two other times, in the First Amendment's Assembly-and-Petition Clause and in the Fourth Amendment's Search-and-Seizure Clause. The Ninth Amendment uses very similar terminology ("The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"). All three of these instances unambiguously refer to individual rights, not "collective" rights, or rights that may be exercised only through participation in some corporate body.
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Ryan G. Thomas (Florida Concealed Carry Law 2020)
Thomas Jefferson (The Declaration of Independence and United States Constitution with Bill of Rights and all Amendments (Annotated))
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The Bill of Rights,” he growled, “the entire Bill of Rights, was a complete ‘Fuck You’ to the idea of trust in government. An insurance policy. The people who wrote it had just fought off a tyrannical government—their own. Not just the Second Amendment, every amendment in there from the First to the Tenth enumerated the inherent rights of individuals, above those of government. The Bill of Rights doesn’t grant us rights or privileges, it lists the ones we have as human beings that the government has no right to take away. It flat out states the government has no authority to infringe our rights, and the Second Amendment is just there to guarantee the other nine. It’s not there so you can go duck hunting, or even so you can defend yourself against criminals—that was assumed. It’s there so that people like us don’t get ground under the bootheel of tyrants, or at least have a fighting chance, because there always have been tyrants. Always will be. Most of the Constitution is written in very plain language, but ‘shall not be infringed’ is about as plain as it gets, and only people with evil intentions could even attempt to start arguing it doesn’t mean what it says. Free men own guns, slaves don’t, it’s as simple as that. You’re fighting for a government that is trying to argue we should have no rights except for what they grant us. Besides plain unConstitutional that’s evil, pure and simple. And, if you actually took a look at the conditions that caused the colonists in America to revolt against the British back in the 1700s, those laws and regulations are nothing compared to the outrages citizens were having to endure prior to this war.
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James Tarr (Dogsoldiers)
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Later that spring and early summer, this seismic shift in Reconstruction policy and politics led to passage of a new Freedmen’s Bureau bill, the first Civil Rights Act of American history, and the Fourteenth Amendment.
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David W. Blight (Frederick Douglass: Prophet of Freedom)
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...my idea of the sovereignty of the people is, that the people can change the constitution if they please, but while the constitution exists, they must conform themselves to its dictates.' -- JAMES MADISON, August 15, 1789 [during debates over the Bill of Rights]
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John A. Ragosta (For the People, For the Country: Patrick Henry’s Final Political Battle)
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17 In any event the First Amendment preserves one’s right to lie, though in the fall of 2018 the New York attorney general, Barbara Underwood, filed suit against Exxon for lying to investors, which is a crime.
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Bill McKibben (Falter: Has the Human Game Begun to Play Itself Out?)
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The placenta is not alive, and never will be. The woman doesn’t need it. It seems to me that, if a woman is a person, she has the right to remove an unnecessary organ from her body. Certainly if the placenta malfunctions, as in the case of preeclampsia, which can cause liver or kidney damage, it would seem that the woman should have every right to remove this needless organ that is affecting her health. Nobody makes a constitutional case over an appendectomy. If I seem flippant about the whole thing, it is because the legal argument that a fetus has a legal status on par with the woman to whom it is literally attached is illogical trash sprinkled with bad faith and misogyny. Fetal personhood amendments are the state writing a check it cannot cash, then forcing women to cover the bill against their will. It cannot be done in a “free” society. The Thirteenth Amendment flatly prohibits forced labor, and it doesn’t have an exception for labor that white men won’t do themselves but think is really important for others to do for society. When it comes to amending the Constitution, conservatives still haven’t figured out how to grant personhood rights to all of the born people. If you think it’s really important for fetuses to become people, then, by all means, make one yourself.
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Elie Mystal
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For, read properly, the ninth amendment creates no rights at all. There are no “ninth amendment rights” in the sense in which there are, for example, first amendment rights or fourth amendment rights. That there are individual rights fully derivable from no single provision but implicit in several, or in the structure of the Bill of Rights as a whole, is a proposition implicit in the ninth amendment. But that amendment is not itself the fount of any such rights, and it in no way obviates the need to argue that the Constitution does indeed impose upon government the particular limitation for which the advocate contends.52 Thus the Ninth Amendment itself does not protect a right, but tells us not to not find a right in the Constitution just because it is not specifically enumerated. The right to privacy still needs some kind of constitutional hook, although that hook might be the Due Process Clause of the Fourteenth Amendment, for example, even though the clause does not mention “privacy.” In interpreting that clause, and other clauses, we should be mindful of their more expansive interpretations.
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Anthony B Sanders (Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters)
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There are some challenges, however, that are uniquely American. It is difficult to reform the American system; apart from the ten amendments that constitute the Bill of Rights, there have been only seventeen amendments to the Constitution since its adoption and none for the past thirty years.
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Richard N. Haass (The Bill of Obligations: The Ten Habits of Good Citizens)
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In Ex parte Milligan, decided in 1866, the Court held unconstitutional the North’s policy of using military tribunals instead of civilian courts to try citizens charged with attempting to sabotage the war effort. In Ex parte Garland, decided the next year, the Court struck down a law barring former members of the Confederacy from serving in federal office. In Bill Cruikshank’s case, the Court disregarded what John Bingham said was the very purpose of the Fourteenth Amendment and held that it did not in fact make the Bill of Rights enforceable against the states. “The second amendment declares that it shall not be infringed; but this . . . means no more than it shall not be infringed by Congress,” the Court explained.
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Adam Winkler (Gunfight: The Battle Over the Right to Bear Arms in America)
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But progress—slow and winding—has been made over the decades toward America fulfilling its promise. The hard-fought passage of the Thirteenth through Fifteenth, as well as the Nineteenth, Amendments to the Constitution, civil rights legislation, the legalization of same-sex marriage—all demonstrate that this country has an ability to recognize and correct mistakes and introduce political reform and policy change. This is another built-in advantage of democracies. Certainly more must be done, but as Winston Churchill put it, “No one pretends that democracy is perfect or all-wise. Indeed it has been said that democracy is the worst form of government except for all those other forms that have been tried.
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Richard N. Haass (The Bill of Obligations: The Ten Habits of Good Citizens)
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The proposals of the Chancellor of the Exchequer with reference to changes in taxation are in like manner embodied in resolutions in Committee of Ways and Means, and subsequently, upon the report of the Committee, passed by the House in the shape of Bills, "Ways and Means Bills" generally pass the Lords without trouble. The absolute control of the Commons over the subjects of revenue and supply has been so long established that the upper House would not now dream of disputing it; and as the power of the Lords is simply a privilege to accept or reject a money bill as a whole, including no right to amend, the peers are wont to let such bills go through without much scrutiny.
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Woodrow Wilson (Congressional Government: A Study in American Politics (Annotated) (Legal Legends Series))
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I’m sure that all of you have heard about your “Constitutional Rights.” Actually, you don’t have any “Constitutional Rights.” In 1791, the first Congress, recognizing that we humans have certain inalienable rights that nobody has the right to take away, drafted ten amendments to the United States Constitution that we call the “Bill of Rights.” The Bill of Rights wasn’t enacted to give us any rights. It was enacted so the Government could not take away from us any rights that we already had.
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Kenneth Eade (A Patriot's Act (Brent Marks Legal Thrillers #1))
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I've fought for religious freedom and I can tell you that anti-gay 'religious freedom' bills aren't it.
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DaShanne Stokes
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If this trend continues, it’s probably just a matter of time before a corporation (maybe one of the many mercenary forces that emerged out of George W. Bush’s Iraq War?) claims the Second Amendment right to bear arms anywhere, anytime, and your credit card company’s bill collector shows up at your home with a sidearm.
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Thom Hartmann (Unequal Protection: How Corporations Became "People"—and How You Can Fight Back)
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We are in a time of rapid change and it is overdue. I am talking historical trends here.. In the 1940's we had the greatest generation save the world from a tyranny.... Literally. That actually happened and thank you so much!! 1960's we had the Civil Rights Bill passage. Public Television. Kids taking to the street to get the right to vote at 18. Led to a new amendment to the Constitution. Not an easy thing to do. Historically rapid change has happened every couple of decades. We are over due if you look at historical trends. This is nothing to be afraid of. We are in the tech revolution. Jobs will be lost but remember Lyft didn't exist 10 years ago. We don't know what jobs will be created that just don't exist now. Black Lives Matter, The Me Too Movement, The kids demanding the end of school shootings... That is WE THE PEOPLE asking for a better world. So I know change can be scary. BUT we are living in history right now. Pay attention. Be part of it.
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Johnny Corn
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What’s happening in our country? The First Amendment clearly states that “Congress shall make no law abridging the freedom of speech.” But it was recently abridged anyway. It wasn’t covered much in the media but a new bill, HR 347, was recently passed by Congress and quietly signed into law by President Obama that gives federal agents sweeping powers and now makes it a felony offense for the crime of standing and protesting, determined at the discretion of the Secret Service. As Judge Andrew Napolitano put it, “it is a part of American history since Day One that we have a right to speak freely to, about and against those in the government.” But we no longer have it.
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Richard Belzer (Dead Wrong: Straight Facts on the Country's Most Controversial Cover-Ups)
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It is a natural right which the people have reserved to themselves, confirmed by the Bill of Rights, to keep arms for their own defence; and as Mr. Blackstone observes, it is to be made use of when the sanctions of society and law are found insufficient to restrain the violence of oppression.64
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms (Independent Studies in Political Economy))
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in August 1962, Atal introduced a private member’s bill that sought to amend the Companies Act of 1956, to bar companies from making donations to political parties. Atal argued on the floor of the House that those in charge of companies had no moral right to spend shareholders’ money funding political parties: ‘Why do companies want to donate money to parties? Do the owners of companies give money to political parties to show they are patriotic? Companies are set up for financial aims and there is no need for them to give money as donations. Political parties to whom they give donations malign politics. Money is needed to run parties but parties represent the people and they should go to people to collect money.’ There was a furious debate on the bill and after discussing it three times, it was ultimately rejected on 27 November 1964.
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Kingshuk Nag (Atal Bihari Vajpayee: A Man for All Seasons)
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There is another, grimmer history to the filibuster, though, one that carries special relevance for me. For almost a century, the filibuster was the South's weapon of choice in its efforts to protect Jim Crow from federal interference, the legal blockade that effectively gutted the Fourteenth and Fifteenth Amendments. Decade after decade, courtly, erudite men like Senator Richard B Russell of Georgia used the filibuster to choke off any and every piece of civil rights legislation before the Senate, whether voting rights bills, or fair employment bills, or anti-lynching bills.
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Barack Obama
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Humans have natural rights in the state of nature but they do not have civil rights. Civil rights are derived from membership in a society. The Republicans who controlled both houses of Congress after the Civil War knew this. They also knew that, before conferring civil rights, they had to once and for all abolish slavery. The Thirteenth Amendment ending slavery was passed by the Senate on April 8, 1864, and by the House on January 31, 1865. Republican support for the amendment: 100 percent. Democratic support: 23 percent. Even after the Civil War, only a tiny percentage of Democrats were willing to sign up to permanently end slavery. Most Democrats wanted it to continue. In the following year, on June 13, 1866, the Republican Congress passed the Fourteenth Amendment overturning the Dred Scott decision and granting full citizenship and equal rights under the law to blacks. This amendment prohibited states from abridging the “privileges and immunities” of all citizens, from depriving them of “due process of law” or denying them “equal protection of the law.” The Fourteenth Amendment passed the House and Senate with exclusive Republican support. Not a single Democrat either in the House or the Senate voted for it. Two years later, in 1868, Congress with the support of newly-elected Republican president Ulysses Grant passed the Fifteenth Amendment granting suffrage to blacks. The right to vote, it said, cannot be “denied or abridged by the United States or any state on account of race, color or previous condition of servitude.” In the Senate, the Fifteenth Amendment passed by a vote of 39 to 13. Every one of the 39 “yes” votes came from Republicans. (Some Republicans like Charles Sumner abstained because they wanted the measure to go even further than it did.) All the 13 “no” votes came from Democrats. In the House, every “yes” vote came from a Republican and every Democrat voted “no.” It is surely a matter of the greatest significance that the constitutional provisions that made possible the Civil Rights Act, the Voting Rights Act, and the Fair Housing Bill only entered the Constitution thanks to the Republican Party. Beyond this, the GOP put forward a series of Civil Rights laws to further reinforce black people’s rights to freedom, equality, and social justice. When Republicans passed the Civil Rights Act of 1866—guaranteeing to blacks the rights to make contracts and to have the criminal laws apply equally to whites and blacks—the Democrats struck back. They didn’t have the votes in Congress, but they had a powerful ally in President Andrew Johnson. Johnson vetoed the legislation. Now this may seem like an odd act for Lincoln’s vice president, but it actually wasn’t. Many people don’t realize that Johnson wasn’t a Republican; he was a Democrat. Historian Kenneth Stampp calls him “the last Jacksonian.”8 Lincoln put him on the ticket because he was a pro-union Democrat and Lincoln was looking for ways to win the votes of Democrats opposed to secession. Johnson, however, was both a southern partisan and a Democratic partisan. Once the Civil War ended, he attempted to lead weak-kneed Republicans into a new Democratic coalition based on racism and white privilege. Johnson championed the Democratic mantra of white supremacy, declaring, “This is a country for white men and, by God, as long as I am president, it shall be a government of white men.” In his 1867 annual message to Congress, Johnson declared that blacks possess “less capacity for government than any other race of people. No independent government of any form has ever been successful in their hands. On the contrary, wherever they have been left to their own devices they have shown a consistent tendency to relapse into barbarism.”9 These are perhaps the most racist words uttered by an American president, and no surprise, they were uttered by a Democrat.
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Dinesh D'Souza (Hillary's America: The Secret History of the Democratic Party)
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The term “the” used twice in the phrase “the right of the people” is significant. The term “the right” expresses a preexisting right, not a new right invented for the Bill of Rights. To declare that “the right” to do or be free of something shall not be abridged, infringed, or violated presupposes that the right already exists. Further, the term “the right” cannot mean a governmental command, such as that a person is compelled to assemble and to petition or to bear arms.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms (Independent Studies in Political Economy))
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It would be rather curious if “the people” means only such persons as the government selects. To suggest that “the right of the people” means only a command issued by a government to persons appointed by the government demeans the very nature of a bill of rights.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms (Independent Studies in Political Economy))
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READABLE BY ANY CITIZEN This exhaustive textual analysis of the Second Amendment would never have been necessary in the nearly first two hundred years of the republic. It was only beginning in the second half of the twentieth century that the Orwellian view gained currency that “the people” means the states or state-conscripted militia, that “right” means governmental power, that “keep” does not mean to possess, that “bear” does not mean carry, that “arms” do not include ordinary handguns and rifles, and that “infringe” does not include prohibition. But the Founders intended to, and did, word the Second Amendment in an easy to understand manner. Individuals have a right to have arms in their houses and to carry them, and the government may not violate that right. Recognition of the right promotes a militia composed of the body of the people, which is necessary for a free society. The Bill of Rights was intended to inform the ordinary citizen of his or her rights. Its meaning is not a monopoly of the governmental entities whose powers it was intended to limit. St. George Tucker said it best in his 1803 treatise, the first ever published on the Constitution, as follows: A bill of rights may be considered, not only as intended to give law, and assign limits to a government about to be established, but as giving information to the people. By reducing speculative truths to fundamental laws, every man of the meanest capacity and understanding may learn his own rights, and know when they are violated ....47 By knowing when one’s rights are violated, the citizen may signify his or her displeasure through mechanisms such as the ballot box and the jury box, and may resort to speech, the press, assembly, and petition to denounce the evil. As the experiences of the American Revolution proved, the right to keep and bear arms serves as the ultimate check that the Founders hoped would dissuade persons at the helm of state from seeking to establish tyranny. In hindsight, it would be difficult to quarrel with the success of the Founders’ vision.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms (Independent Studies in Political Economy))
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The Crown’s attempts to disarm the colonists as a contributing grievance in the chain of events leading to the American Revolution and the imperative of guaranteeing the right to have arms in bills of rights are themes that pervade the thinking of the Founders’ generation.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms (Independent Studies in Political Economy))
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WHERE THESE RIGHTS COME FROM Yet what was the constitutional basis for these actions? Desegregation and anti-discrimination laws both relied on the notion that blacks weren’t slaves any longer; rather, they were free and could make their own choices. This freedom, however, had been secured for blacks by the Thirteenth Amendment to the Constitution which permanently abolished slavery. Thus, the Thirteenth Amendment was the original freedom charter for African Americans. The desegregation court rulings and the anti-discrimination provisions of the Civil Rights Act and the Fair Housing Bill were also based on the “equal protection” clause of the Fourteenth Amendment. This Amendment granted citizenship to blacks and established equal rights under the law. It was the original social justice manifesto for blacks, women, and other minorities. Finally, the Voting Rights Act attempted to secure for blacks full enfranchisement, the right to vote. But blacks already had the right to vote. That right was specified in the Fifteenth Amendment to the Constitution. This amendment declared that, as citizens, blacks had the same prerogative to cast their ballots as whites and all others. The 1965 Voting Rights Act merely sought to enforce an equality provision that had been constitutionally affirmed much earlier.
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Dinesh D'Souza (Hillary's America: The Secret History of the Democratic Party)
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When Madison began his fight in the House for amendments protecting personal liberties, he was without a single supporter. He intended to convince the great body of Americans who withheld their approval of the Constitution because they felt it should secure them against governmental abuse. When he proposed an amendment on searches and seizures, he opted for granting the maximum protection possible at the time: “The rights of the people to be secured in their persons, their houses, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized.” He dropped the questionable “ought not” for the assertive “shall not,” he contributed the significant phrase “probable cause,” and above all, he granted rights to the people, not just restrictions on the government. After deliberations, the House adopted Madison’s wording with only two minor changes: “rights” became “right,” and “secured” became “secure.” The final wording was as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Sean Patrick (The Know Your Bill of Rights Book: Don't Lose Your Constitutional Rights—Learn Them!)
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Congress went beyond merely enacting an income tax law and repealed Article IV of the Bill of Rights, by empowering the tax collector to do the very things from which that article says we were to be secure. It opened up our homes, our papers and our effects to the prying eyes of government agents and set the stage for searches of our books and vaults and for inquiries into our private affairs whenever the tax men might decide, even though there might not be any justification beyond mere cynical suspicion. “The income tax is bad because it has robbed you and me of the guarantee of privacy and the respect for our property that were given to us in Article IV of the Bill of Rights. This invasion is absolute and complete as far as the amount of tax that can be assessed is concerned. Please remember that under the Sixteenth Amendment, Congress can take 100 percent of our income anytime it wants to. As a matter of fact, right now it is imposing a tax as high as 91 percent. This is downright confiscation and cannot be defended on any other grounds. “The income tax is bad because it was conceived in class hatred, is an instrument of vengeance and plays right into the hands of the communists. It employs the vicious communist principle of taking from each according to his accumulation of the fruits of his labor and giving to others according to their needs, regardless of whether those needs are the result of indolence or lack of pride, self-respect, personal dignity or other attributes of men. “The income tax is fulfilling the Marxist prophecy that the surest way to destroy a capitalist society is by steeply graduated taxes on income and heavy levies upon the estates of people when they die. “As matters now stand, if our children make the most of their capabilities and training, they will have to give most of it to the tax collector and so become slaves of the government. People cannot pull themselves up by the bootstraps anymore because the tax collector gets the boots and the straps as well. “The income tax is bad because it is oppressive to all and discriminates particularly against those people who prove themselves most adept at keeping the wheels of business turning and creating maximum employment and a high standard of living for their fellow men. “I believe that a better way to raise revenue not only can be found but must be found because I am convinced that the present system is leading us right back to the very tyranny from which those, who established this land of freedom, risked their lives, their fortunes and their sacred honor to forever free themselves….” T. Coleman Andrews Commissioner of Internal Revenue, 1953–1955
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Neal Boortz (The Fair Tax)
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Votes cast in opposition to open housing, busing, the Civil Rights Act, and other measures time and again showed the same divisions as votes for amendments to crime bills. . . . Members of Congress who voted against civil rights measures proactively designed crime legislation and actively fought for their proposals.
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Michelle Alexander (The New Jim Crow: Mass Incarceration in the Age of Colorblindness)
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Presently, there are those in our government who seek to strip away our rights and subjugate us one tiny piece at a time. But there is one right that we must not lose, because it is the gatekeeper of liberty. It is nothing more than the right to self defense; the right to hold our government accountable; a self-evident right, given to us by God. In short, the one right that protects all others. It is of course, the Second Amendment to the Constitution of the United States: the right to keep and bear arms. Our liberties, acknowledged by the Bill of Rights, stand side by side, lined up like dominoes, and when one falls, so do they all. Then we are enslaved!
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Skip Coryell (We Hold These Truths)
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Teen Reach responded aggressively to the closing, and filed a lawsuit against the state for violating its First Amendment right to the freedom of religion, as well as other claims. It also resolutely refused to obtain a license for its operations. A state judge rejected the argument that Teen Reach was not a child welfare agency, which means it will have to be licensed to reopen. Teen Reach is appealing.182 At roughly the same time it defied the state's licensing requirement, a bill was introduced into the Arizona legislature that would have exempted faith-based agencies from having to be licensed,183 which would permit religiously motivated abuse of children to go forward without state knowledge or oversight.
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Marci A. Hamilton (God vs. the Gavel: The Perils of Extreme Religious Liberty)
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should Americans ever find themselves faced with an incorrigible government of totalitarian oppression, a government that has abandoned the very principles this nation was founded upon and that reconstituted a slavery like that of the past, then the people have the natural, inalienable right to change the government as they see fit, and the spirit of this amendment clearly applies.
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Sean Patrick (The Know Your Bill of Rights Book: Don't Lose Your Constitutional Rights—Learn Them!)
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THE BILL OF RIGHTS THE FIRST AMENDMENT Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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Sean Patrick (The Know Your Bill of Rights Book: Don't Lose Your Constitutional Rights—Learn Them!)
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required in the colonies to serve in militias during their lifetimes for the purpose of raiding and razing Indigenous communities, the southern colonies included, and later states’ militias were used as “slave patrols.” The Second Amendment, ratified in 1791, enshrined these irregular forces into law: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The continuing significance of that “freedom” specified in the Bill of Rights reveals the settler-colonialist cultural roots of the United States that appear even in the present as a sacred right.2
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Roxanne Dunbar-Ortiz (An Indigenous Peoples' History of the United States (ReVisioning American History, #3))
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In short, there is no reason to believe that the authors of the Second Amendment thought it had anything to do with private ownership of arms or the personal use of guns, such as hunting or defense of the home.
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Robert A. Goldwin (From Parchment to Power: How James Madison Used the Bill of Rights to Save the Constutition)
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citizen armies would be relied on, rather than a standing army, to the extent possible, for defense against foreign enemies.
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Robert A. Goldwin (From Parchment to Power: How James Madison Used the Bill of Rights to Save the Constutition)
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Japanese paranoia stemmed partly from xenophobia rooted in racism. This combination wasn’t peculiar to Japan, as the Nazis were demonstrating in Germany. In the United States, the 1924 Exclusion Act remained in force, prohibiting all immigration from Asia. Some Western states didn’t think the Exclusion Act went far enough, because it hadn’t gotten rid of the Japanese who had immigrated before the United States slammed the door. Xenophobes argued that these immigrants were now breeding more Japanese, who were recognized, outrageously, as American citizens under the Fourteenth Amendment. Farmers in California and Arizona were especially hostile. Even before the Exclusion Act, these states had passed Alien Land Laws severely restricting the property rights of Japanese. Then in 1934 a group of farmers in Arizona’s Salt River Valley began agitating to kick Japanese farmers out, alleging that they had flooded into the region and were depriving farmland from deserving whites who were already hurting from the Depression. They also demanded that white landowners stop leasing acreage to Japanese farmers. The white farmers and their supporters held rallies and parades, blaring their message of exclusion. In the fall of that year, night riders began a campaign of terrorism. They dynamited irrigation canals used by Japanese farmers and threw dynamite bombs at their homes and barns. The leaders of the Japanese community tried to point out that only 700 Japanese lived in the valley and most had been there for more than twenty years. Three hundred fifty of them were American citizens, and only 125 worked in agriculture, mostly for American farmers. Facts made no impression on the white farmers’ racist resentments. Some local officials exploited the bigotry for political gain. The Japanese government protested all this. Hull didn’t want a few farmers to cause an international incident and pushed the governor of Arizona to fix the problem. The governor blamed the terrorism on communist agitators. Dynamite bombs continued to explode on Japanese farms through the fall of 1934. The local and state police maintained a perfect record—not a single arrest. In early February 1935 the Arizona legislature began considering a bill that would forbid Japanese immigrants from owning or leasing land. If they managed to grow anything, it could be confiscated. Any white farmer who leased to a Japanese would be abetting a crime. (Japan had similar laws against foreigners owning farmland.) American leaders and newspapers quickly condemned the proposed law as shameful, but farmers in Arizona remained enthusiastic. Japanese papers covered the controversy as well. One fascist group, wearing uniforms featuring skulls and waving a big skull flag, protested several times at the US embassy in Tokyo. Patriotic societies began pressuring Hirota to stand up for Japan’s honor. He and Japan’s representatives in Washington asked the American government to do something. Arizona politicians got word that if the bill passed, millions of dollars in New Deal money might go elsewhere. Nevertheless, on March 19 the Arizona senate passed the bill. On March 21 the state house of representatives, inspired more by fears of evaporating federal aid than by racial tolerance, let the bill die. The incident left a bad taste all around.
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Steve Kemper (Our Man In Tokyo: An American Ambassador and the Countdown to Pearl Harbor)
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But for six, seven and eight, I’ve always felt it extremely helpful to study the Twelve and Twelve. Right off the bat, we find out about forgiveness. This becomes the lead way of approaching this particular chore, the slides where we harm people. Without forgiveness, we look at these and conclude that it’s partially their fault. I know I acted terribly, but they made me do it! If they didn’t do that, I never would have dumped all the beer all over their living room! We’re transferring responsibility for our own actions to other people, which was our specialty before we got to AA. Bill suggests that as we take the fourth step, we also look more closely at harm and forgiveness. We go back as far as we can think, to when we were children, because not only do we want to go make the amends, we want to change the slide so that we don’t do it anymore. That allows us to have an entirely different view up there in the future. Forgiveness is almost like a magic spot remover; just the act itself starts letting light through these various incidences, because it takes a lot of the anger that we have over the event and reduces it.
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Sandy Beach (Steps and Stories: History, Steps, and Spirituality of Alcoholics Anonymous Change Your Perspective, Change Your Mind, Change Your World)
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They knew the proneness of prosperity to breed tyrants, and they meant when such should re-appear in this fair land and commence their vocation they should find left for them at least one hard nut to crack.
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Michael Kent Curtis (No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights)
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As mentioned earlier, the 27th Amendment was one of 2 unratified amendments written by Madison that Congress sent to the states with the Bill of Rights. But here’s the story of how it was ratified. Unlike modern amendments, the proposed amendments in the Bill of Rights didn’t have expiration dates. So in 1982, 191 years after it failed, a sophomore political science student at the University of Texas–Austin named Gregory Watson noticed that some states had ratified it, but that it hadn’t expired. So he wrote a paper about the failed amendment and got a C from his TA. He appealed the grade, but his professor upheld the C. Pissed off, Watson started writing letters to various state legislatures. They noticed and began ratifying the amendment. Ten years after his C, Alabama became the 38th state to ratify it, giving it the ¾ (38) needed to add it to the U.S. Constitution.
In 2016, Watson’s paper was resubmitted for a grade change, with a request of an A+ for having caused an actual constitutional amendment. The University of Texas–Austin honored the change, but only gave the paper an A.
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Ben Sheehan (OMG WTF Does the Constitution Actually Say?: A Non-Boring Guide to How Our Democracy is Supposed to Work)
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One of the signal virtues of Halbrook’s scholarship is his willingness to let historical sources speak for themselves. Many professional historians who write about the Second Amendment expect the reader to take on trust that the author knows what people were thinking when the Bill of Rights was adopted.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms)
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the Supreme Court in McDonald v. City of Chicago (2010) added: “The right to keep and bear arms was considered no less fundamental by those who drafted and ratified the Bill of Rights.” For that proposition, Justice Samuel Alito, author of the opinion, referred the reader to five chapters of this book.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms)
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Normalize the inevitability of conflict & establish a safe forum for it. Discuss and agree to as many of these guidelines as seem useful. The goal is to inform and negotiate for change, not punish. Punishment destroys trust. Love can open the “ears” of the other’s heart. Imagine how it would be easiest to hear about your grievance from the other.
Say it as it would be easiest for you to hear. Preface complaints with acknowledgement of the good of the other and your mutual relationship. No name-calling, sarcasm or character assassination. No analyzing the other or mind reading. No interrupting or filibustering Be dialogical. Give short, concise statements that allow the other to reflect back and paraphrase key points to let you hear that you are accurately being heard. No denial of the other’s rights as outlined in the Bill of Rights above. Differences are often not a matter of right or wrong; both people can be right, and merely different. Be willing to sometimes agree to differ. Avoid “you” statements. Use “I” statements that identify your feelings and your experience of what you perceive as unfair. One specific issue, with accompanying identifiable behavior, at a time. Ask yourself what hurts the most to try to find your key complaint. Stick to the issue until both persons feel fully heard. Take turns presenting issues. No interrupting or filibustering. Present a complaint as lovingly and calmly as possible. Timeouts: If discussion becomes heated either person can call a timeout [one minute to 24 hours], as long as s/he nominates a time to resume. {See 1 below} Discharge as much of any accumulated charge before hand as possible. Own responsibility for any accumulated charge in the anger that might come from not talking about it soon enough. Own responsibility for accumulated charge displaced from other hurts. {See 2 below} Commit to grow in your understanding of how much of your charge comes from childhood abuse/neglect. Commit to recovering from the losses of childhood by effectively identifying, grieving, and reclaiming them. Apologize from an unashamed place. Make whatever amends are possible.
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Pete Walker (Complex PTSD: From Surviving to Thriving)
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Parliament had indeed, in the English Bill of Rights of 1689, declared certain "true, ancient and indubitable rights," including: "That the Subjects which are Protestants, may have Arms for their Defence suitable to their Condition, and as are allowed by Law." This stemmed from the grievance that James II had attempted to subvert "the Laws and Liberties of this Kingdom," in part "By causing several good Subjects, being Protestants, to be disarmed, at the same Time when Papists were both armed and employed, contrary to law.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms)
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Samuel Adams, author of the following editorial, argued: For it is certainly beyond human art and sophistry, to prove the British subjects, to whom the privilege of possessing arms is expressly recognized by the Bill of Rights, and, who live in a province where the law requires them to be equip'd with arms, &c. are guilty of an illegal act, in calling upon one another to be provided with them, as the law directs . . . . One man has as good reason to affirm, that a few, in calling for a military force under pretence of supporting civil authority, secretly intended to introduce a general massacre, as another has to assert, that a number of loyal subjects, by calling upon one another to provided with arms, according to law, intended to bring on an insurrection. It will be equally difficult to prove it illegal, for a number of British subjects, to invite as many of their fellow subjects as they please, to convene and consult together, on the most prudent and constitutional measures for the redress of their grievances . . . .52 Adams thus appealed, as had the Boston resolution passed the previous September, to the right to have arms as guaranteed in the English Bill of Rights as well as the duty under Massachusetts law to be armed.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms)
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It is a natural right which the people have reserved to themselves, confirmed by the Bill of Rights, to keep arms for their own defence; and as Mr. Blackstone observes, it is to be made use of when the sanctions of society and law are found insufficient to restrain the violence of oppression.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms)
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Only "Persons professing the Christian Religion ought forever to enjoy equal Rights and Privileges in this State."142 A critic commented that "there are some good things in the Delaware constitution, which are evidently borrowed from the Pennsylvanian, but mangled like a school-boy's abridgement of a Spectator's paper. Some of their bill of rights, explained by tories, might prevent all American defence.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms)
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Madison thus saw the rights he would propose, such as freedom of the press and keeping and bearing arms, as not involving the structure or powers of government but as involving private rights. The "fallacy" of the English Declaration was that it was a mere legislative act that Parliament could repeal; by contrast, the American bill of rights would be part of the Constitution and not subject to repeal by Congress
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms)
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Some die-hard federalists continued to scorn declarations of rights. Representative Fisher Ames of Massachusetts privately quipped: Mr. Madison has introduced his long expected amendments. . . . He has hunted up all the grievances and complaints of newspapers, all the articles of conventions, and the small talk of their debates. It contains a bill of rights, the right of enjoying property, of changing the government at pleasure, freedom of the press, of conscience . . . . Oh! I had forgot, the right of the people to bear arms.24
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms)
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One of the People" replied to Coxe in "On a Bill of Rights," arguing "the very idea of a bill of rights" to be "a dishonourable one to freemen." "What should we think of a gentleman, who upon hiring a waiting-man, should say to him 'my friend, please take notice, before we come together, that I shall always claim the liberty of eating when and what I please, of fishing and hunting upon my own ground, of keeping as many horses and hounds as I can maintain, and of speaking and writing any sentiments upon all subjects."’ The government had no power to interfere with individual liberties without a specific delegation, just as "a master reserves to himself . . . everything else which he has not committed to the care of those servants.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms)
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The Articles began with a version of the future Constitution's Tenth Amendment: "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled."54 The Articles had no bill of rights, and none was appropriate in that the Congress had authority only over the states and not individuals. The states regulated individual conduct, and hence recognition of the rights of persons was a matter for the states.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms)
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As to the arms guarantee, the above tracked the language of the Pennsylvania Declaration of Rights of 1776 in guaranteeing the right to bear arms for self-defense and defense of the state.19 Similar to what would become the federal First Amendment, which begins "Congress shall make no law," the above proposed that a free press "shall not be restrained by any [federal] law" and that "no law shall be passed for disarming the people" as a whole "or any of them"—except that criminals or other dangerous persons could be disarmed. Bearing arms to hunt was not out of place in a bill of rights, in that British authorities had been notorious for disarming the people under the guise of game laws.20 The above clarifies that the term "bear arms" is not linguistically restricted to matters of the militia or the national defense.
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Stephen P. Halbrook (The Founders' Second Amendment: Origins of the Right to Bear Arms)