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originally posted by: DrJunk
originally posted by: NavyDoc
Nope. I know the history of firearms and SCOTUS decisions on it very well and the first one was US vs Miller where they ruled that since sawed-off shotguns were not typically used by soldiers, Miller's sawed-off was not covered by the 2nd Amendment, citing the militia act and US code as defining the "arms of the average soldier." Since the average soldier was not issued a sawed-off, then they decided that the 2nd did not protect sawed-off shotguns.
Perhaps you are the one needing an education on the subject.
As was suggested, you are lacking in your education of second amendment interpretations.
en.wikipedia.org...
Cruikshank paints a starkly differing opinion of the Second Amendment, and frankly, it is one that I would like to see reinstated.
In addition the Justices held that the Second Amendment restricts only the powers of the national government, and that it does not restrict private citizens from denying other citizens the right to keep and bear arms, or any other right in the Bill of Rights. The Justices held that the right of the people to keep and bear arms exists, and that it is a right that exists without the Constitution granting such a right, by stating "Neither is it [the right to keep and bear arms] in any manner dependent upon that instrument [the Constitution] for its existence." Their ruling was that citizens must look to "municipal legislation" when other citizens deprive them of such rights rather than the Constitution.
African Americans in the South were left to the mercy of increasingly hostile state governments dominated by white Democratic legislatures; neither the legislatures, law enforcement or the courts worked to protect freedmen.[10] As Democrats regained power in the late 1870s, they struggled to suppress black voting through intimidation and fraud at the polls. Paramilitary groups such as the Red Shirts acted on behalf of the Democrats to suppress black voting. From 1890 to 1908, 10 of the 11 former Confederate states passed disfranchising constitutions or amendments,[11] with provisions for poll taxes,[12] residency requirements, literacy tests,[12] and grandfather clauses that effectively disfranchised most black voters and many poor white people. The disfranchisement also meant that black people could not serve on juries or hold any political office, which were restricted to voters; those who could not vote were excluded from the political system.
The Cruikshank ruling also allowed groups such as the Ku Klux Klan to flourish and continue to use paramilitary force to suppress black voting. As white Democrats dominated the Southern legislatures, they turned a blind eye on the violence. They refused to allow African Americans any right to bear arms.
LOL. I can't believe a liberal comes out in support of Cruikshank.
originally posted by: TiedDestructor
originally posted by: DrJunk
2nd Amendment is idiotic.
Give us a law that doesn't need to be interpreted.
How about a populous smart enough not to require interpretation?
Too much...right?
Shi.....
originally posted by: DrJunk
a reply to: NavyDoc
Psst, I can be in favor of Cruikshank's 2nd Amendment interpretation and not care about the rest of the decision.
Guess what, I just did.