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Title: FLUSH: ‘Conservative Hero’ Ben Carson To Beck: You Have No Right To Semi-Automatic Weapons In Large Cities
Source: [None]
URL Source: http://www.mediaite.com/tv/conserva ... matic-weapons-in-large-cities/
Published: Nov 12, 2014
Author: Andrew Kirell
Post Date: 2014-11-12 12:32:26 by A K A Stone
Keywords: None
Views: 40317
Comments: 99

Appearing on Glenn Beck‘s radio show this past week, Dr. Benjamin Carson took a vastly different stance from most conservatives on the issue of gun control, claiming you shouldn’t be able to own semi-automatic weapons in large cities.

Carson became a newfound conservative hero last month when he spoke at the National Prayer Breakfast and laid out a series of criticisms of ObamaCare, political correctness, and tax policy right in front of the president himself. Many called the speech “inappropriate” given the apolitical nature of the event, but many conservatives lauded Carson for his “bold” and “sensible” suggestions for policy reform.

Asked by Beck for his thoughts on the Second Amendment, Carson gave the popular pro-gun argument: “There’s a reason for the Second Amendment; people do have the right to have weapons.”

But when asked whether people should be allowed to own “semi-automatic weapons,” the doctor replied: “It depends on where you live.”

“I think if you live in the midst of a lot of people, and I’m afraid that that semi-automatic weapon is going to fall into the hands of a crazy person, I would rather you not have it,” Carson elaborated.

However, if you live “out in the country somewhere by yourself” and want to own a semi-automatic weapon, he added, “I’ve no problem with that.”

Watch below, via TheBlaze:

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Begin Trace Mode for Comment # 27.

#1. To: A K A Stone (#0)

Asked by Beck for his thoughts on the Second Amendment, Carson gave the popular pro-gun argument: “There’s a reason for the Second Amendment; people do have the right to have weapons.”

But when asked whether people should be allowed to own “semi-automatic weapons,” the doctor replied: “It depends on where you live.”

“I think if you live in the midst of a lot of people, and I’m afraid that that semi-automatic weapon is going to fall into the hands of a crazy person, I would rather you not have it,” Carson elaborated.

Cities can exert no exemption to the requirements of the Constitution.

For those who choose to blather about the militia, the militia includes virtually all men between the ages of 17 to 45, and female citizens in the National Guard. The right reserved by the people, and not delegated to the government, is reserved for all and not just members of the militia. As Madison shows in Federalist 46, the right is not reserved for the purpose of deer hunting but as a defense against an overreaching Federal government.

Amendment II

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.

10 U.S.C. §311

§311. Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Madison, Federalist 46, re the Militia

Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it.

nolu chan  posted on  2014-11-12   13:25:37 ET  Reply   Untrace   Trace   Private Reply  


#5. To: nolu chan (#1)

"The right reserved by the people, and not delegated to the government, is reserved for all and not just members of the militia."

Words mean things. The second amendment does not say, "the right of all persons". It says the right of "the people".

Who were "the people"? At the time, they were the rich white men. The ones with someting to lose. The ones who wrote the U.S. Constitution and the Bill of Rights to protect their interests.

Only "the people" could vote (Article I, Section 2), for example. And back then, those were the rich white men only. Only they had the right to vote, to assemble, petition the government, keep and bear arms, and be free from ubreasonable searches.

Now, who was in the militia back then? According to the Militia Act of 1792, only white adult male citizens. Not women. Not black slaves. Not children. Not non-citizens.

Therefore, not all persons. Only "the people". The second amendment protected their right to keep and bear arms as part of a militia. State constitutions protected the rights of other persons.

misterwhite  posted on  2014-11-15   11:45:41 ET  Reply   Untrace   Trace   Private Reply  


#11. To: misterwhite (#5)

Words mean things. The second amendment does not say, "the right of all persons". It says the right of "the people".

Who were "the people"? At the time, they were the rich white men. The ones with someting to lose. The ones who wrote the U.S. Constitution and the Bill of Rights to protect their interests.

Only "the people" could vote (Article I, Section 2), for example. And back then, those were the rich white men only. Only they had the right to vote, to assemble, petition the government, keep and bear arms, and be free from ubreasonable searches.

The people were those who organized as political communities called States. The people hold sovereignty which is exercised only as States.

The Federal government had no say in who could, or could not, vote. Only later did amendments and federal law forbid voting discrimination based on race or sex, etc.

Voting was not restricted to rich White people or men. Neither was it restricted to citizens. Blacks, women, and aliens all voted in the early days of the nation.

In early presidential and senatorial elections there was no popular vote at all. To this day, there is no constitutional right to vote for president, as noted in Bush v. Gore. [The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College. U. S. Const., Art. II, §1.]

Who was entitled to vote was entirely a matter under State purview and varied from state to state. For one example, in New Jersey, women voted.

http://www.crf-usa.org/bill-of-rights-in-action/bria-8-1-b-who-voted-in-early-america

After declaring independence on July 4, 1776, each former English colony wrote a state constitution. About half the states attempted to reform their voting procedures. The trend in these states was to do away with the freehold requirement in favor of granting all taxpaying, free, adult males the right to vote. Since few men escaped paying taxes of some sort, suffrage (the right to vote) expanded in these states. Vermont's constitution went even further in 1777 when it became the first state to grant universal manhood suffrage (i.e., all adult males could vote). Some states also abolished religious tests for voting. It was in New Jersey that an apparently accidental phrase in the new state constitution permitted women to vote in substantial numbers for the first time in American history.

"Of Government in Petticoats!!!"

The provision on suffrage in the New Jersey state constitution of 1776 granted the right to vote to "all inhabitants" who were of legal age (21), owned property worth 50 English pounds (not necessarily a freehold), and resided in a county for at least one year. No one is sure what was meant by "all inhabitants" since the New Jersey constitutional convention was held in secret. But it appears that no agitation for woman suffrage occurred at the convention.

After the state constitution was ratified by the voters (presumably only men voted), little comment on the possibility of women voting took place in the state for 20 years. Even so, one state election law passed in 1790 included the words "he or she." It is unclear how many, or if any, women actually voted during this time.

In 1797, a bitter contest for a seat in the New Jersey state legislature erupted between John Condict, a Jeffersonian Republican from Newark, and William Crane, a Federalist from Elizabeth. Condict won the election, but only by a narrow margin after Federalists from Elizabeth turned out a large number of women to vote for Crane. This was probably the first election in U.S. history in which a substantial group of women went to the polls.

Blacks clearly voted:

The Supreme Court of North Carolina, State v. Manuel, 4 Dev. and Bat. 20, opinion of the court:

The Constitution extended the elective franchise to every freeman who had arrived at the age of twenty-one and paid a public tax, and it is a matter of universal notoriety that, under it, free persons, without regard to color, claimed and exercised the franchise until it was taken from free men of color a few years since by our amended Constitution.

U.S. Supreme Court, Justice Curtis, dissenting opinion in Scott v. Sanford:

The Constitution of New Hampshire conferred the elective franchise upon "every inhabitant of the State having the necessary qualifications," of which color or descent was not one. The Constitution of New York gave the right to vote to "every male inhabitant, who shall have resided," &c., making no discrimination between free colored persons and others. See Con. of N.Y., Art. 2, Rev.Stats. of N.Y., vol. 1, p. 126.

That of New Jersey, to "all inhabitants of this colony, of full age, who are worth £ 50 proclamation money, clear estate."

New York, by its Constitution of 1820, required colored persons to have some qualifications as prerequisites for voting, which white persons need not possess. And New Jersey, by its present Constitution, restricts the right to vote to white male citizens.

Aliens clearly voted:

http://www.ehistory.com/uscw/library/or/123/0369.cfm

OFFICIAL RECORDS: Series 3, vol 2, Part 1 (Union Letters, Orders, Reports)

Page 369 UNION AUTHORITIES.

MADISON, WIS., August 12, 1862.

Honorable E. M. STANTON:

About one-half of the able-bodied men between eighteen and forty- five years in this State are foreign born. They have declared their intention to become citizens of the United States. Have the right to vote under our State constitution if twenty-one years old. Have enjoyed and are enjoying all the privileges of citizens. Are they liable to be drafted? They should be liable. Great injustice will be done to our State if they are exempt, and our quota would be too large if they are exempt. Cannot those who are not willing to subject themselves to draft be ordered to leave the country? Answer this immediately. I must have the time for volunteering extended, as asked for by my dispatches of Saturday and yesterday. Please answer them.

E. SALOMON,

Governor of Wisconsin.

nolu chan  posted on  2014-11-15   18:56:40 ET  Reply   Untrace   Trace   Private Reply  


#14. To: nolu chan (#11)

"Voting was not restricted to rich White people or men. Neither was it restricted to citizens. Blacks, women, and aliens all voted in the early days of the nation."

Those were rare and small exceptions to the rule. My point was that only "the people" were allowed to vote. And 99.9% of them were adult, white male citizens.

misterwhite  posted on  2014-11-22   13:10:34 ET  Reply   Untrace   Trace   Private Reply  


#16. To: misterwhite (#14)

My point was that only "the people" were allowed to vote. And 99.9% of them were adult, white male citizens.

What you actually said was:

Words mean things. The second amendment does not say, "the right of all persons". It says the right of "the people".

You were explicitly commenting upon the Constitution, not State laws on qualifications for State offices.

The Second Amendment is organic law. It was a restriction on the delegation of power to the Federal government.

It said "the people" and it did not exclude anyone from "the people" as you claim. The RKBA was a preexisting right, predating the Constitution, and was not something that flowed from the Constitution. The express restriction on the Federal government was unlimited, "the right of the people to keep and bear arms shall not be infringed."

The right of the people to keep and bear arms was never restricted to rich White people.

Your fanciful imaginary rewrite of the Constitution has no basis in law or history. If such was Constitution in 1789, what amendment changed that and when did the change enter into force?

What the States did was left to the States regarding voter qualifications for non-Federal offices.

Notably, while many State laws prohibited women from voting prior to the 19th Amendment in 1920, the Constitution governed qualifications for Federal elections and women could not be barred from running for Federal office.

Belva Ann Lockwood was nominated for President by the National Equal Rights Party in 1884 and gained ballot access in 6 States and received 4,149 recorded votes. Lockwood was the first woman to officially appear on the ballot.

Note: Victoria Woodhull was nominated in 1872 but did not gain ballot access as she was only 34 years of age.

What the Constitution says is not defined by what States may choose to do relative to matters under State purview.

nolu chan  posted on  2014-11-22   15:41:57 ET  Reply   Untrace   Trace   Private Reply  


#18. To: nolu chan (#16)

"The Second Amendment ... said "the people" and it did not exclude anyone from "the people" as you claim.

Article I, Section 2 of this "organic law" reads: "The House of Representatives shall be composed of members chosen every second year by the people of the several states, and ..."

Aren't children excluded from "the people" in Article I, Section 2? Women? Slaves? Foreigners? Non-freeholders?

Yet you claim no one is excluded from "the people" in the second amendment.

So you're saying "the people" means different things?

misterwhite  posted on  2014-11-22   17:11:05 ET  Reply   Untrace   Trace   Private Reply  


#21. To: misterwhite (#18)

Article I, Section 2 of this "organic law" reads: "The House of Representatives shall be composed of members chosen every second year by the people of the several states, and ..."

Aren't children excluded from "the people" in Article I, Section 2? Women? Slaves? Foreigners? Non-freeholders?

Yet you claim no one is excluded from "the people" in the second amendment.

You can't seem to shake your confusion that "the people" of the United States are defined 50 different ways by how the various States define who has voting rights. In some states, convicted felons cannot vote, in others they can. State regulation of voting rights does not define citizenship.

The people of the nation are defined by the Federal government. The people of the nation are it's citizens.

The Constitution was silent on voting rights until the 15th and 19th amendments. The people, the citizens, decided who would be allowed to vote.

Your imaginary supposition holds that American citizens are not considered the people of America.

nolu chan  posted on  2014-11-24   13:51:39 ET  Reply   Untrace   Trace   Private Reply  


#23. To: nolu chan (#21)

"You can't seem to shake your confusion that "the people" of the United States are defined 50 different ways by how the various States define who has voting rights."

Correct. "The people" were the voters, and the states determined who could vote.

Sure, there were some exceptions, but 99.9% of the voters were rich, white men, so that's what I used. Not every citizen was allowed to vote. Not even today.

"Your imaginary supposition holds that American citizens are not considered the people of America."

I thought we agreed that "the people" were the voters. Not all citizens can vote, even today, and back in 1789 they were only the rich white male citizens.

misterwhite  posted on  2014-11-24   14:10:06 ET  Reply   Untrace   Trace   Private Reply  


#27. To: misterwhite (#23)

Correct. "The people" were the voters, and the states determined who could vote.

[...]

I thought we agreed that "the people" were the voters.

Correct. "The people" were the voters, and the states determined who could vote.

[...]

I thought we agreed that "the people" were the voters.

Think again. That idea is absolute blithering nonsense.

The Supreme Court explained it simply.

U.S. Supreme Court, 60 U. S. 393, 404 (1856)

The words "people of the United States" and "citizens" are synonymous terms, and mean the same thing.

As the following official record shows, about half of the able-bodied men in the state of Wisconsin were foreign born, aliens, had declared their intention to become citizens but had not yet become citizens. Under Wisconsin law they enjoyed the right to vote and all other privileges of citizens. But they were not citizens of the United States.

According to your theory, all of these aliens with the right to vote (by Wisconsin law) somehow became "the people" of the United States.

http://ebooks.library.cornell.edu/cache/w/a/r/waro0123/00381.tif100.gif

OFFICIAL RECORDS: Series 3, vol 2, Part 1 (Union Letters, Orders, Reports)

Page 369 UNION AUTHORITIES.

MADISON, WIS., August 12, 1862.

Honorable E. M. STANTON:

About one-half of the able-bodied men between eighteen and forty- five years in this State are foreign born. They have declared their intention to become citizens of the United States. Have the right to vote under our State constitution if twenty-one years old. Have enjoyed and are enjoying all the privileges of citizens. Are they liable to be drafted? They should be liable. Great injustice will be done to our State if they are exempt, and our quota would be too large if they are exempt. Cannot those who are not willing to subject themselves to draft be ordered to leave the country? Answer this immediately. I must have the time for volunteering extended, as asked for by my dispatches of Saturday and yesterday. Please answer them.

E. SALOMON,

Governor of Wisconsin.

nolu chan  posted on  2014-11-24   15:31:28 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 27.

#31. To: nolu chan (#27) (Edited)

"According to your theory, all of these aliens with the right to vote (by Wisconsin law) somehow became "the people" of the United States."

Yes. As I said, there were exceptions given that each state decided who could vote.

The bottom line is that "the people" were not all persons or even all citizens. They were a select group who were allowed to vote.

misterwhite  posted on  2014-11-24 17:10:56 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 27.

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