The right to bear arms predates the Bill of Rights; the Second Amendment was based partially on the right to keep and bear arms in English common-law, and was influenced by the English Bill of Rights of 1689. This right was described by Sir William Blackstone as an auxiliary right, supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state. In United States v. Cruikshank, 92 U.S. 542 (1875), the Supreme Court ruled that "[t]he right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government."
Posted on: Thu, 29 Aug 2013 04:53:35 +0000
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