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jody

(26,624 posts)
156. Rights are not "law" created by our Constitution, e.g. "The right of the people peaceably to
Tue Dec 25, 2012, 10:06 PM
Dec 2012

assemble for lawful purposes existed long before the adoption of the Constitution of the United States. In fact, it is, and always has been, one of the attributes of citizenship under a free government. It 'derives its source,' to use the language of Chief Justice Marshall, in Gibbons v. Ogden, 9 Wheat. 211, 'from those laws whose authority is acknowledged by civilized man throughout the world.' "

See UNITED STATES v. CRUIKSHANK (1876)

The government created by We the People is supposed to protect the "rights" enumerated in our BOR and unenumerated by the Ninth Amendment.

how will the gun worshippers square this with their love of Scalia and Thomas!? villager Dec 2012 #1
Jefferson was against the Constitution to begin with, for that matter Recursion Dec 2012 #2
Turned all those French guns, navy and soldiers were needed. MightyMopar Dec 2012 #5
Virginia Milita outnumberd the French Army happyslug Dec 2012 #78
Benjamin Franklin was the Ambassador to France Ian62 Dec 2012 #81
Not during the Constitutional Convention. He came back; Jefferson replaced him. Recursion Dec 2012 #82
Oh Jeez. Jefferson did not draft the Constitution. JackRiddler Dec 2012 #144
Your timeline is a little screwed up. Bucky Dec 2012 #160
If I recall correctly, he wanted all legislation to have an Ed Suspicious Dec 2012 #3
More or less correct nadinbrzezinski Dec 2012 #4
That's more in line to how the French constitution works. vaberella Dec 2012 #150
Photo of yahoos standing in line this weekend hoping to buy an assault weapon, a week after tragedy. Hoyt Dec 2012 #6
I haven't seen that many mad white people since they cancelled Cheers. Erose999 Dec 2012 #9
You just had to go there, didn't you? ChisolmTrailDem Dec 2012 #16
Hmmm - that's the first thing I noticed. All a bunch of white men standing in that line. calimary Dec 2012 #112
Yuk amuse bouche Dec 2012 #12
I have to love your user name. How come you chose it (I know what it means...)? CTyankee Dec 2012 #15
Certain restaurants in France call appetizers "amuse bouche" I found that pretty funny. stevenleser Dec 2012 #97
I am sure he/she did. CTyankee Dec 2012 #110
Not to get too technical Tsiyu Dec 2012 #162
Thanks amuse bouche Dec 2012 #122
A lovely philosophy! I'm just jealous that I didn't think of it... CTyankee Dec 2012 #128
what a sad photo! All those young men with no dreams, no hopes...probably no future... CTyankee Dec 2012 #17
And a young woman with a stroller/baby carriage..... tpsbmam Dec 2012 #26
a sad commentary on utter hopelessness in american life today... CTyankee Dec 2012 #30
there brave sacrifice for their country is evident samsingh Dec 2012 #27
If They Were Brown or Black otohara Dec 2012 #32
They'd be "gangbangers" and their deaths would be celebrated with Gungeon happy dances MightyMopar Dec 2012 #35
Do You Have The Link to This otohara Dec 2012 #36
It's Atlanta journal, search under line for gun show. Hoyt Dec 2012 #54
What do you supposed the collective IQ is of this group? pangaia Dec 2012 #37
What do you suppose it was, and why? Recursion Dec 2012 #83
Just means more guns to confiscate when the mandatory sanity tests begin... NT _Liann_ Dec 2012 #38
before you were saying tests for mental illness, now you're saying tests for sanity, which? CreekDog Dec 2012 #44
The most astoundingly bad photoshop hack job forever.... cliffordu Dec 2012 #84
You think it is fake? Proof? Logical Dec 2012 #94
Sorry, my friend, but it's no photoshop. Atlanta Journal Constitution has photo above and others. Hoyt Dec 2012 #96
"Wheeling out cases of ammunition" pitbullgirl1965 Dec 2012 #101
yup Skittles Dec 2012 #85
Look at all those pathetic losers. Zoeisright Dec 2012 #86
What the hell is wrong with those people? tavalon Dec 2012 #93
Look like future terrorists to me! pitbullgirl1965 Dec 2012 #98
All testoserone filled youngish white males Cherchez la Femme Dec 2012 #108
Idjits. SunSeeker Dec 2012 #109
I'm sorry...this pic reaffirms why at times White men scare the shit out of me. vaberella Dec 2012 #151
Seems equal opportunity to me. I can imagine turned on free speech advocates just as well. TheKentuckian Dec 2012 #7
I can't help but wonder what lies in between all the dots... Tuesday Afternoon Dec 2012 #92
Nothing that alters the message conveyed. gcomeau Dec 2012 #105
...and a jab to ribs to the 1st. Amendment crowd. OneMoreDemocrat Dec 2012 #8
Most other advanced nations have some variation of freedom of speech, guns not so much MightyMopar Dec 2012 #10
I don't really have a dog in this fight... OneMoreDemocrat Dec 2012 #14
Witness Nancy Lanza (n/t) Tab Dec 2012 #21
Cant she's dead... OneMoreDemocrat Dec 2012 #46
Obvious point is obvious. Iggo Dec 2012 #127
They have some variation of freedom of speech, JoeyT Dec 2012 #23
Our Constitution is outdated, IMO. And we have sacralized it to such a point that we cannot CTyankee Dec 2012 #34
We can add amendments to it. JoeyT Dec 2012 #39
Yes, being able to add amendments is a saving grace. Being able to establish constitutonal rights CTyankee Dec 2012 #47
Amen to that. JoeyT Dec 2012 #64
This. a2liberal Dec 2012 #111
The larger question pipoman Dec 2012 #124
And due process crowd. Igel Dec 2012 #11
So you think slaveholders and ethnic cleansers wrote a better consititution than we could do today? MightyMopar Dec 2012 #19
I shudder to think what kind of constitution "we" would come up with today. Bake Dec 2012 #25
Like there wasn't fear in 1786? Let's keep the failing system we have MightyMopar Dec 2012 #29
Well, given what you object to, JoeyT Dec 2012 #42
There's still an inherent need for freedom of speech Major Nikon Dec 2012 #69
Can't argue with that... OneMoreDemocrat Dec 2012 #88
Since you mention Jefferson don't ignore he and Madison wrote the KY & VA Resolutions and proposed jody Dec 2012 #13
Sorry to dash your hopes but Alabama (or any other state for that matter) will NOT secede 2ndAmForComputers Dec 2012 #152
you *really* want to play Jefferson quotes? Careful now... green for victory Dec 2012 #18
That was before drones, robots and satellite driven tanks MightyMopar Dec 2012 #20
Please quote accurately from your own source. mbperrin Dec 2012 #24
Good catch. secondvariety Dec 2012 #55
And another Gungeoneer exhibits billh58 Dec 2012 #31
How many handheld guns would it take to stop one of these? SWTORFanatic Dec 2012 #33
Nuff said! paleotn Dec 2012 #45
That's strange, in Civilization Revolution I have had tanks and bombers shot down... MessiahRp Dec 2012 #114
Seems the Afghans have put up a pretty pipoman Dec 2012 #126
Even if I accept your premise (I don't), they ain't winning with guns SWTORFanatic Dec 2012 #131
Which is mitigated by the quote in the OP Doctor_J Dec 2012 #40
And the quote in the OP means he knew that future generations would be different, NYC Liberal Dec 2012 #59
Tell that to Scalia evilhime Dec 2012 #22
Dumbest Thing About "Originalism" ProfessorGAC Dec 2012 #120
Thanks! boomer55 Dec 2012 #28
Stealing this....great find! rppper Dec 2012 #41
That just doesn't sound right Gman Dec 2012 #43
Fuck that slave-owning piece of shit. harmonicon Dec 2012 #48
Include George Washington and many others. nt jody Dec 2012 #50
Washington's definitely included in "his ilk." (nt) harmonicon Dec 2012 #87
You conflate Constitution with Rights. BOR does not create rights because they preexist our jody Dec 2012 #49
So, Are You Saying That Owning Firearms Is A God Given Right or a Man Made Right? cantbeserious Dec 2012 #51
I don't need to say anything, PA, VT, & other states have said all that needs to be said. SCOTUS jody Dec 2012 #60
Thank You For Ducking The Question - Your Non Answer Speaks Volume About What you Believe cantbeserious Dec 2012 #65
And your inability to read and understand our Constitution, state constitutions, and SCOTUS opinions jody Dec 2012 #68
What I Believe And Know Is That All Law Is Not Writ In Stone - A Point That You Fail To Appreciate cantbeserious Dec 2012 #71
SCOTUS since 1876 has answered that question and given the courts preference for stare decisis it jody Dec 2012 #73
If The American People Decide That They Have Had Enough Of The NRA And Gun Apologists It Can Change cantbeserious Dec 2012 #76
Please stick to the OP which talked about our Constitution and the Second Amendment. What you seem to jody Dec 2012 #79
If you want judge-made law to last forever... tabasco Dec 2012 #91
It's amazing how many people treat the law as if it were a monolithic act of nature... Larry Ogg Dec 2012 #118
Excellent point! Frosty1 Dec 2012 #135
Thank you Frosty1 Larry Ogg Dec 2012 #159
Rights are not "law" created by our Constitution, e.g. "The right of the people peaceably to jody Dec 2012 #156
I agree, rights are not law... Larry Ogg Dec 2012 #158
Heres more Jefferson quotes yuou usually don't hear MightyMopar Dec 2012 #53
Nothing in your quote suggests rejecting rights that states have declared are natural, inherent, jody Dec 2012 #62
Yes And We Have Already Established Your Preferences - Rights Are Bestowed By Man - Not God cantbeserious Dec 2012 #67
What you or I or others believe about rights doesn't matter. SCOTUS since 1876 has answered that jody Dec 2012 #70
Precedent Can Be Overturned With New Precedent - No Law Lasts Forever - It Is Fundamental cantbeserious Dec 2012 #72
Given the courts preference for stare decisis it seems unlikely that it will reverse its decision in jody Dec 2012 #74
If The American People Decide That They Have Had Enough Of The NRA And Gun Apologists It Can Change cantbeserious Dec 2012 #77
See #79 nt jody Dec 2012 #80
I have a right to be secure in my person. That right conflicts with the second amendment. stevenleser Dec 2012 #99
The issue is for the states to decide since they represented their citizens and delegated limited jody Dec 2012 #100
It's an issue that very well may be decided at the SCOTUS. Hopefully one with 5 or more Liberal stevenleser Dec 2012 #102
If Heller were reversed, the dissent by Stevens and 3 other justices recognize RKBA was declared jody Dec 2012 #103
Slavery was upheld multiple times too. Anachronisms like slavery and 'right to guns' eventually go stevenleser Dec 2012 #119
Along with all the other enunerated & unenumerated rights government is supposed to jody Dec 2012 #138
I'm sure you would have wanted to protect the right to own a slave and to keep women from voting stevenleser Dec 2012 #141
Are you unable to conduct an intelligent discussion without insults? Goodbye nt jody Dec 2012 #142
Expect that kind of response if you are arguing original intent issues. That is what that means. nt stevenleser Dec 2012 #143
Jefferson - One Brilliant Man - Repeal The 2nd Amendment Now - Outlaw All Firearms cantbeserious Dec 2012 #52
I think we can gradually cut back the gun culture like we did the tobacco culture MightyMopar Dec 2012 #58
Yes - Society, Attitudes and Expectations Can Change - The 2nd Amendment Is Not Cast In Stone cantbeserious Dec 2012 #66
Do puritanical bigots hate guns? (nt) harmonicon Dec 2012 #95
Bigot: a person who is obstinately or intolerantly devoted to his or her own opinions and prejudices jody Dec 2012 #106
Because it's puritanical bigots who pushed through anti-tobacco laws. harmonicon Dec 2012 #113
Wait, you mean we can think? Gregorian Dec 2012 #56
In those days, the "liberals", like Jefferson, were for small government. NYC Liberal Dec 2012 #57
I never thought that 'small govt' meant size of govt or govt agencies, JaneyVee Dec 2012 #121
That is true as well. NYC Liberal Dec 2012 #147
The Original Intent According To Thomas Jefferson DallasNE Dec 2012 #61
Except our Constitution does not grant rights. nt jody Dec 2012 #63
Really, those Amendments do not grant rights? Oh do tell... MessiahRp Dec 2012 #116
UNITED STATES v. CRUIKSHANK ET AL. 92 U.S. 542 (1876) jody Dec 2012 #117
Non-Constitutional law can be challenged and considering that ruling is outdated MessiahRp Dec 2012 #139
"outdated" shows you aren't well informed. Read SCOTUS opinion, dissent, and amicus briefs for jody Dec 2012 #145
So a right wing court agrees with your gun hawkishness and you consider that vindication? MessiahRp Dec 2012 #153
Goodbye. nt jody Dec 2012 #154
If God doesn't work for you then how about sentient aspect of the universe? TheKentuckian Dec 2012 #132
This statement should be true... Godot51 Dec 2012 #75
rec 101 Divine Discontent Dec 2012 #89
Great quote... ProudProgressiveNow Dec 2012 #90
If only this Jefferson statement was better known to more Americans than this one... radarluv Dec 2012 #104
The problem with "from time to time" is that those who despise the current leaders in government MessiahRp Dec 2012 #115
So much for the theory of originalism. Kablooie Dec 2012 #107
Gun control is like trying to reduce drunk driving by making it tougher for sober people to own cars matchoo Dec 2012 #123
Guns are part of the problem, so let's include them in the solution. Hoyt Dec 2012 #129
See, ol' TJ just didn't understand the Gun Boner. Iggo Dec 2012 #125
Amendment II. Angry Dragon Dec 2012 #130
Actually pipoman Dec 2012 #136
UMMMMM .......... Angry Dragon Dec 2012 #137
The larger question nicely avoided.. pipoman Dec 2012 #148
"A well regulated militia, being necessary to the security of a free state, the right of the people jody Dec 2012 #146
Welcome MightyMopar to DU and touche on the OP. Jefferson23 Dec 2012 #133
Thank you for the warm welcome MightyMopar Dec 2012 #157
That's a 200+ year thumb in scalia's eye. Javaman Dec 2012 #134
If the constitution was not intended... awoke_in_2003 Dec 2012 #140
Coming from a man that helped inact slavery but was "in love" with a Black woman. vaberella Dec 2012 #149
My white cousin married a black free woman circa 1850. Their descendants are my dearest friends and jody Dec 2012 #155
This quote is handy for many reasons. Thank you! Care Acutely Dec 2012 #161
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