BartenderElite
Verified User
the government was not made the exclusive or final judge of the extent of the powers delegated to itself. - thomas jefferson.
No one can read our Constitution without concluding that the people who wrote it wanted their government severely limited; the words "no" and "not" employed in restraint of government power occur 24 times in the first seven articles of the Constitution and 22 more times in the Bill of Rights.
“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual.” - thomas jefferson
There are other things so clearly out of the power of Congress, that the bare recital of them is sufficient, I mean the "...rights of bearing arms for defence, or for killing game..." These things seem to have been inserted among their objections, merely to induce the ignorant to believe that Congress would have a power over such objects and to infer from their being refused a place in the Constitution, their intention to exercise that power to the oppression of the people. —ALEXANDER WHITE (1787)
"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."
: Robert H. Jackson, US Supreme Court Justice West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)
I don't really disagree, and it's an interesting debate. I also think the founders never would have envisioned the kinds of weapons that would be available today, or in the future beyond this.
Let's say they come up with a personal nuclear device, that the average citizen could operate and purchase if it was legal. We can use that as the extreme. Most reasonable Americans would not want that legal; that's just a fact.
So, somewhere between that and the average handgun, there is a level at which most reasonable Americans agree that certain weapons should be legal and available, and others should never be accessible by regular citizens.
And this is where the government does have a role. Protecting the citizenry is really their prime responsibility.
Grenade launchers fall more toward the personal nuke on the scale. Most simply wouldn't agree that a weapon like that falls under 2nd amendment protections, particularly as those protections are weighed against other responsibilities of the government.
