Saturday, June 15, 2013

"Nor infringing the right of the people to keep bear arms"

   "The constitution has not only granted certain express legislative powers to congress, but has restricted them, in the same express manner, from exercising others. Such are the following:

   1. Congress cannot appropriate monies for raising supporting armies for a longer term than two years.
   2. They cannot suspend the privilege of the writ of habeas corpus, except in cases of rebellion or invasion, and not even then, unless the public safety requires it.
   3. They cannot pass bills of attainder.
   4. Nor expost facto laws.
   5. They cannot lay a capitation or direct tax except in certain proportions which the constitution provides.
   6. They cannot lay duties on articles exported from any state.
   7. They cannot give a preference by revenue laws to the ports of one state over those of another.
   8. They cannot oblige vessels bound to or from one state to enter, clear or pay duties in another.
   9. They cannot grant titles of nobility.
  10. They cannot make laws respecting an establishment of religion, or prohibiting the free exercise thereof.
  11. Nor laws abridging the freedom of speech or of press.
  12. Nor abridging the right of the people peaceably assemble and petition government for a redress of grievances.
  13. Nor infringing the right of the people to keep bear arms.
  14. Nor in violation of any of the articles of the bill rights annexed to the constitution, in the form of amendments, and adopted by the requisite majority of states.

   While the national government is thus restricted in powers of legislation, it is, on the other hand protected analogous restrictions on the legislative authority of states. By the tenth section of the first article of the constitution, various prohibitions are laid upon the individual states, some of which are absolute, and others merely interdict the exercise of certain powers without the permission of congress first had and obtained.

[THE EDINBURGH ENCYCLOPAEDIA CONDUCTED BY DAVID BREWSTER, L.L.D.F.R.S. With the assistance of GENTLEMEN EMINENT IN SCIENCE AND LITERATURE. THE FIRST AMERICAN EDITION, Corrected and improved by the addition of numerous articles relative to THE INSTITUTIONS OF THE AMERICAN CONTINENT, ITS GEOGRAPHY, BIOGRAPHY, CIVIL AND NATIONAL HISTORY, AND TO VARIOUS DISCOVERIES IN SCIENCE AND THE ARTS. IN EIGHTEEN VOLUMES. Vol. XI. Philadelphia: PUBLISHED BY JOSEPH AND EDWARD PARKER. 1832. William Brown, Printer.  

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