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William Rawle: Congress Does Not Have the Power to Disarm the People

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The Second Amendment was passed on December 15, 1791 without debate as follows:

“On motion to amend article the fifth [the numerical position of the Second Amendment at that time] by inserting these words – ‘for the common defense’ – next to the words ‘bear arms’ it passed in the negative.”

“On motion, on article the fifth, to strike out the word ‘fifth’ after ‘article the’ and insert ‘fourth’ and to amend the article to read as follows: ‘a well-regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed.'”

In 1825, William Rawle published View of the Constitution and wrote:

“The corollary, from the first position, is, that the right of the people to keep and bear arms shall not be infringed.”

“The prohibition is general. No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretense by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.”

So, please, anti-gunners. Tell me by what right the government can take away our Second Amendment rights?

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