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Foreign Invaders crisis cost $150B in 2023, forcing some areas to cut police and fire services: report Israel kills head of Hezbollah Intelligence. Status: Not Logged In; Sign In United States News See other United States News Articles 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: 40279 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: Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 65. #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   #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   #33. To: misterwhite (#31) "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. Do you really mean to say that aliens, citizens of foreign countries, permitted to vote in Wisconsin (and elsewhere) were "the people" of the United States, while United States citizens who could not vote were not "the people" of the United States? No State could decide who was, or was not, a citizen of the United States. That's a Federal matter. Of course, one could be a citizen of the United States without being a citizen of any State. If "voters" and "the people," are synonymous, and some States permitted aliens to be voters, alien voters would be among "the people" of the United States. Alternatively, if these voters were not among "the people" of the United States, then "voters" cannot be synonymous with "the people." nolu chan  posted on  2014-11-24   18:15:38 ET  Reply   Untrace   Trace   Private Reply   #35. To: nolu chan (#33) "No State could decide who was, or was not, a citizen of the United States." Correct. "Do you really mean to say that aliens, citizens of foreign countries, permitted to vote in Wisconsin (and elsewhere) were "the people" of the United States, while United States citizens who could not vote were not "the people" of the United States?" That's correct. Wisconsin let those "aliens" vote because they were going to become citizens soon thereafter. So Wisconsin made an exception. But once again, you're citing exceptions to the rule then making some generalization. misterwhite  posted on  2014-11-25   14:36:59 ET  Reply   Untrace   Trace   Private Reply   #37. To: misterwhite (#35) you're citing exceptions You are the one whose argument has been reduced to saying that aliens, foreign citizens, were "the people" of the United States and citizens without the right to vote were not "the people" of the United States. nolu chan  posted on  2014-11-25   17:17:19 ET  Reply   Untrace   Trace   Private Reply   #39. To: nolu chan (#37) "Your fantasy remains without merit." Don't cite 1875 or 1975. In 1792, who were "the people" who voted in Article I, Section 2? Are you insisting that was every citizen? misterwhite  posted on  2014-11-25   19:35:01 ET  Reply   Untrace   Trace   Private Reply   #40. To: misterwhite (#39) Don't cite 1875 or 1975. In 1792, who were "the people" who voted in Article I, Section 2? Are you insisting that was every citizen? The U.S. Supreme Court unanimously insisted. Deal with it. I will cite the U.S. Supreme Court when it directly destroys your specious argument. It explicitly applies to before the 14th Amendment and before the Constitution. Minor v Happersett, 88 US 162 (1875) 1. The word "citizen" is often used to convey the idea of membership in a nation. 2. In that sense, women, of born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United States, as much so before the adoption of the fourteenth amendment to the Constitution as since. 3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the fourteenth amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had. [...] There is no doubt that women may be citizens. They are persons, and by the fourteenth amendment "all persons born or naturalized in the United States and subject to the jurisdiction thereof" are expressly declared to be "citizens of the United States and of the State wherein they reside." But, in our opinion, it did not need this amendment to give them that position. Before its adoption the Constitution of the United States did not in terms prescribe who should be citizens of the United States or of the several States, yet there were necessarily such citizens without such provision. There cannot be a nation without a people. The very idea of a political community, such as a nation is, implies an [p166] association of persons for the promotion of their general welfare. Each one of the persons associated becomes a member of the nation formed by the association. He owes it allegiance and is entitled to its protection. Allegiance and protection are, in this connection, reciprocal obligations. The one is a compensation for the other; allegiance for protection and protection for allegiance. For convenience it has been found necessary to give a name to this membership. The object is to designate by a title the person and the relation he bears to the nation. For this purpose the words "subject," "inhabitant," and "citizen" have been used, and the choice between them is sometimes made to depend upon the form of the government. Citizen is now more commonly employed, however, and as it has been considered better suited to the description of one living under a republican government, it was adopted by nearly all of the States upon their separation from Great Britain, and was afterwards adopted in the Articles of Confederation and in the Constitution of the United States. When used in this sense it is understood as conveying the idea of membership of a nation, and nothing more. nolu chan  posted on  2014-11-25   19:53:09 ET  Reply   Untrace   Trace   Private Reply   #42. To: nolu chan (#40) "I will cite the U.S. Supreme Court when it directly destroys your specious argument. Minor v. Happersett is a United States Supreme Court case in which the Court held that the Constitution did not grant women the right to vote. "It explicitly applies to before the 14th Amendment and before the Constitution." The Minor v. Happersett ruling was based on an interpretation of the Privileges or Immunities Clause of the Fourteenth Amendment. You cited #1, 2, and 3. You left off 4, 5, and 6. Why? Oh, I see why. 4. At the time of the adoption of that amendment, suffrage was not coextensive with the citizenship of the states; nor was it at the time of the adoption of the Constitution. 5. Neither the Constitution nor the Fourteenth Amendment made all citizens voters. 6. A provision in a state constitution which confines the right of voting to "male citizens of the United States" is no violation of the federal Constitution. In such a state women have no right to vote. So, according to your own cites, "the people" voted, but women could not vote in 1792 (or 1875). Meaning "the people" did not include women in 1792. Will you concede that fact? misterwhite  posted on  2014-11-25   20:26:53 ET  Reply   Untrace   Trace   Private Reply   #43. To: misterwhite (#42) Minor v. Happersett is a United States Supreme Court case in which the Court held that the Constitution did not grant women the right to vote. [...] So, according to your own cites, "the people" voted, but women could not vote in 1792 (or 1875). Meaning "the people" did not include women in 1792. Will you concede that fact? No, and please stop being deliberately obtuse. I have no idea why you keep citing 1792. The Constitutional government took effect when George Washington was inaugurated in March 1789 and a new union of eleven states came into being. Minor v. Happersett holds that the Constitution did not grant anyone the right to vote. That was a power held by the States prior to the Constitution and not delegated to the Federal government. The Federal government has been delegated the authority to stop discrimination on the basis of race or sex, and to require State due process of law. Minor v Happersett, 88 US 162 (1875) Looking at the Constitution itself we find that it was ordained and established by "the people of the United States," and then going further back, we find that these were the people of the several States that had before dissolved the political bands which connected them with Great Britain, and assumed a separate and equal station among the powers of the earth, and that had by Articles of Confederation and Perpetual Union, in which they took the name of "the United States of America," entered into a firm league of [p167] friendship with each other for their common defence, the security of their liberties and their mutual and general welfare, binding themselves to assist each other against all force offered to or attack made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. Whoever, then, was one of the people of either of these States when the Constitution of the United States was adopted, became ipso facto a citizen -- a member of the nation created by its adoption. He was one of the persons associating together to form the nation, and was, consequently, one of its original citizens. As to this there has never been a doubt. [...] The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their [p168] parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens. The words "all children" are certainly as comprehensive, when used in this connection, as "all persons," and if females are included in the last they must be in the first. That they are included in the last is not denied. In fact the whole argument of the plaintiffs proceeds upon that idea. Still, to this day, the Constitution does not grant any right to vote for delegates to the Electoral College for President. See Bush v. Gore (2000) 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. This is the source for the statement in McPherson v. Blacker, 146 U. S. 1, 35 (1892), that the State legislature’s power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by State legislatures in several States for many years after the Framing of our Constitution. Id., at 28–33. History has now favored the voter, and in each of the several States the citizens themselves vote for Presidential electors. When the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter. Federal law requires voting law not discriminate on the basis of race or sex. See Pennsylvania constitution of 1776: VII. That all elections ought to be free; and that all free men having a sufficient evident common interest with, and attachment to the community, have a right to elect officers, or be elected into office. Massachusetts constitution of 1780: ART. IX. All elections ought to be free; and all the inhabitants of this commonwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments. New Hampshire Bill of Rights of 1792 (amending Constitution of 1784) Art. 7. The people of this State have the sole and exclusive right of governing themselves as a free, sovereign and independent State, and do, and forever hereafter shall exercise and enjoy every power, jurisdiction, and right pertaining thereto, which is not or may not hereafter be by them expressly delegated to the United States of America, in Congress assembled. Art. 11. All elections ought to be free, and every inhabitant of the State having the proper qualifications has equal right to elect and be elected into office. nolu chan  posted on  2014-11-25   21:47:32 ET  Reply   Untrace   Trace   Private Reply   #44. To: nolu chan (#43) "I have no idea why you keep citing 1792." That will become apparent when we get over this issue first. "Minor v. Happersett holds that the Constitution did not grant anyone the right to vote." We agree. Stop bringing it up. "Federal law requires voting law not discriminate on the basis of race or sex." Today. But not back in 1792. Why are you citing all this irrelevant crap? Article I, Section 2 reads that "the people" vote. According to your own citation, women could not vote in 1792. According to history, women did not vote in 1792. Meaning "the people" did not include women. You still disagree? misterwhite  posted on  2014-11-26   9:32:01 ET  Reply   Untrace   Trace   Private Reply   #46. To: misterwhite (#44) According to your own citation, women could not vote in 1792. According to history, women did not vote in 1792. Meaning "the people" did not include women. Complete unsupported nonsense. http://www.ushistoryscene.com/uncategorized/njsuffrage/ American women did not receive the right to vote until 1920, right? This is a common misconception. A century and a half before the constitutional amendment granting all U.S. women the right to vote, women in New Jersey participated in elections for over thirty-one years. In 1776, the New Jersey Constitution ruled, “all inhabitants of this colony, of full age, who are worth fifty pounds…and have resided in the county, in which they claim a vote for twelve months…shall be entitled to vote.” ((Laws of the State of New Jersey. 1821. Reprint, Trenton: The Authority of the Legislature, 1776)) [...] Female voters in New Jersey celebrated their political rights. Federalist pamphleteer William Griffith estimated the number of unmarried women and widows to be greater than 10,000, a substantial figure, and those eligible voted in great numbers. ((Klinghoffer and Elkins, 177.)) [...] Female voters echoed Wollstonecraft’s sentiments in the 1800 presidential race between Thomas Jefferson and John Adams, when nearly every woman eligible to vote, no matter her race or class, participated in the New Jersey election. ((Bushnell, Horace. “The Report of History.” In Women’s Suffrage; Reform Against Nature. New York: Charles Scribner and Company, 1869. 111)) 60 U.S. 575-576 The fourth of the fundamental articles of the Confederation was as follows: "The free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice, excepted, shall be entitled to all the privileges and immunities of free citizens in the several States." The fact that free persons of color were citizens of some of the several States, and the consequence that this fourth article of the Confederation would have the effect to confer on such persons the privileges and immunities of general citizenship, were not only known to those who framed and adopted those articles, but the evidence is decisive that the fourth article was intended to have that effect, and that more restricted language, which would have excluded such persons, was deliberately and purposely rejected. On the 25th of June, 1778, the Articles of Confederation being under consideration by the Congress, the delegates from South Carolina moved to amend this fourth article by inserting after the word "free," and before the word "inhabitants," the word "white," so that the privileges and immunities of general citizenship would be secured only to white persons. Two States voted for the amendment, eight States against it, and the vote of one State was divided. The language of the article stood unchanged, and both by its terms of inclusion, "free inhabitants," and the strong implication from its terms of exclusion, "paupers, vagabonds, and fugitives from justice," who alone were excepted, it is clear that under the Confederation, and at the time of the adoption of the Constitution, free colored persons of African descent might be, and, by reason of their citizenship in certain States, were, entitled to the Page 60 U. S. 576 privileges and immunities of general citizenship of the United States. Did the Constitution of the United States deprive them or their descendants of citizenship? That Constitution was ordained and established by the people of the United States, through the action, in each State, or those persons who were qualified by its laws to act thereon in behalf of themselves and all other citizens of that State. In some of the States, as we have seen, colored persons were among those qualified by law to act on this subject. These colored persons were not only included in the body of "the people of the United States" by whom the Constitution was ordained and established, but, in at least five of the States, they had the power to act, and doubtless did act, by their suffrages, upon the question of its adoption. It would be strange if we were to find in that instrument anything which deprived of their citizenship any part of the people of the United States who were among those by whom it was established. 88 US 178 Being unanimously of the opinion that the Constitution of the United States does not confer the right of suffrage upon any one, and that the constitutions and laws of the several States which commit that important trust to men alone are not necessarily void, we AFFIRM THE JUDGMENT. nolu chan  posted on  2014-11-26   15:49:27 ET  Reply   Untrace   Trace   Private Reply   #48. To: nolu chan (#46) In one state. And not all women. And there were prerequisites. If women had the right to vote, as you say, then why did we need the 19th amendment? BECAUSE THEY WEREN'T ALLOWED TO VOTE. misterwhite  posted on  2014-11-26   16:31:39 ET  Reply   Untrace   Trace   Private Reply   #50. To: misterwhite (#48) If women had the right to vote, as you say, then why did we need the 19th amendment? For possible penetration of what I actually said: 88 US 178 Being unanimously of the opinion that the Constitution of the United States does not confer the right of suffrage upon any one.... The unanimous U.S. Supreme Court held that no right of suffrage is conferred by being a citizen of the United States, per the Constitution of the United States. Women voted for over thirty years in New Jersey. The 19th Amendment was needed to prohibit sex discrimination which was not forbidden by the original Constitution. The 13th Amendment was needed to prohibit slavery which was not forbidden by the original Constitution. The 15th Amendment was needed to prohibit race discrimination which was not prohibited by the original Constitution. The 26th Amendment holds, "The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age." Minors under the age of 18 years are citizens. Those from 18 to 21 were citizens before the 26th Amendment. All of those citizens were of the people of the United States. nolu chan  posted on  2014-11-26   17:25:28 ET  Reply   Untrace   Trace   Private Reply   #54. To: nolu chan (#50) "Women voted for over thirty years in New Jersey." Some did. "The 19th Amendment was needed to prohibit sex discrimination which was not forbidden by the original Constitution." The 19th protected the right of women to vote. Prior to that, they couldn't vote in all the states. Are you saying women could vote in all the states in 1792? misterwhite  posted on  2014-11-26   18:29:18 ET  Reply   Untrace   Trace   Private Reply   #56. To: misterwhite (#54) The 19th protected the right of women to vote. More nonsense. Neither women, nor men, had a right to vote. Our rights are not granted to us by State governments. The 19th Amendment does not protect a right. It prohibits the States from discriminating on the basis of sex in laws passed that determine who is a qualified voter. The State government can equally deny men and women the "right" to vote in a presidential election. They can choose to have the legislature select the delegates to the Electoral College. Alternatively, the State legislature could appoint the Statehouse janitor to select the delegates. The State Legislature has plenary authority for that election. What law they pass cannot say the men can vote but not women or that Whites can vote but not Blacks. nolu chan  posted on  2014-11-26   18:59:55 ET  Reply   Untrace   Trace   Private Reply   #65. To: nolu chan (#56) "The 19th Amendment does not protect a right. It prohibits the States from discriminating on the basis of sex in laws passed that determine who is a qualified voter." Thereby protecting the right of women to vote. Look. Call it whatever you want. The point is that women couldn't vote before the 19th amendment. Meaning, not all citizens were allowed to vote. Do you agree with that? misterwhite  posted on  2014-12-03   10:16:33 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 65. #68. To: misterwhite (#65) Look. Call it whatever you want. The point is that women couldn't vote before the 19th amendment. Meaning, not all citizens were allowed to vote. Do you agree with that? As a result of voter qualifications imposed by certain state or local laws, some men and women could not vote because they did not meet said non-federal requirements which had nothing to do with the Constitution or Federal law. It is historical fact that women did, in fact, vote prior to the 19th Amendment. It is historical fact that a woman ran for President, appeared on official ballots, and gained officially recorded votes to be President before the 19th Amendment. Also, it is historical fact that a woman was admitted to practice law before the U.S. Supreme Court, and did so practice law, before the 19th Amendment. nolu chan  posted on  2014-12-03 12:17:08 ET  Reply   Untrace   Trace   Private Reply   End Trace Mode for Comment # 65. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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