Sunday, June 16, 2013

"or the right of the people to keep and bear arms"

   "It is readily admitted that Congress, as a local Legislature, has to some extent a power of legislation over the people of the District, which it has not as a national Legislature over the people of the States. This clause of the constitution undoubtedly does not mean that the enumerated powers of Congress, to legislate over the States only, shall he exercised exclusively over the District; for many of these powers, belonging to the national Legislature, are wholly inapplicable, and all wholly inadequate to the various objects of municipal regulations for which Congress alone can and must provide by law in the District. But whilst the constitution does give "exclusive" legislation over the District, it does not define the powers of that legistation. It is true, it uses the sweeping, and, to many minds, the absolute terms, "in all cases whatsoever;" but still the question remains, is this legislation absolute and unlimited--is it supreme and uncontrolled? Does the constitution make this local Legislature a "supreme power" to "prescribe" any "rule of civil conduct" in the District of Columbia, as Parliament may in the kingdom of Great Britain? 

   "Surely there is enough good sense and sound logic in this House to ward off the conclusion that, because power of this local Legislature is undefined, it is, therefore, unchecked and unrestrained. Do any contend for such a proposition? If so, let us follow out its results to the most monstrous absurdities.

   "There are certain clauses of the constitution of the United States which restrain Congress, as the national Legislature, from passing certain laws: As that which forbids the suspension of the writ of habeas corpus, the passage of a bill of attainder or ex post facto law; a law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom speech or of the press; or the right of the people to assemble and petition; or the right of the people to keep and bear arms; or the right to be secure in persons, houses, papers, and effects: As in that which says: "Nor shall private property be taken for public use, without just compensation." Will it be contended that the local Legislature of the District of Columbia has unlimited power to pass laws impairing any of these rights?"

- Henry A. Wise, Dec. 22, 1835. Representative of Virginia. [REGISTER OF DEBATES IN CONGRESS, COMPRISING THE LEADING DEBATES AND INCIDENTS OF THE FIRST SESSION OF THE TWENTY-FOURTH CONGRESS TOGETHER WITH AN APPENDIX CONTAINING IMPORTANT STATE PAPERS AND PUBLIC DOCUMENTS, AND THE LAWS, OF A PUBLIC NATURE, ENACTED DURING THE SESSION: WITH A COPIOUS INDEX TO THE WHOLE. VOLUME XII. WASHINGTON: PRINTED AND PUBLISHED BY GALES AND SEATON. 1836. Pg. 2027-28] (Henry Alexander Wise, Dec. 3, 1806 – Sept. 12, 1876, was a U.S. Congressman and governor of Virginia).

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