21 Feb

Louisiana Territory (Arbitrary Borders)

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Language: English

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So that not one man in five hundred can keep a gun in his house without being subject to a penalty. (61) Besides asserting that the Second Amendment upholds an individual right essential for liberty, Tucker also argued that even without the Second Amendment, Congress could not disarm "any person" because disarmament could never be "necessary and proper": (62) If, for example, congress were to pass a law prohibiting any person from bearing arms, as a means of preventing insurrections, the judicial courts, under the construction of the words necessary and proper, here contended for, would be able to pronounce decidedly upon the constitutionality of these means. (63) Tucker continued his reasoning, using the example of Congressional disarmament as an illustration for the necessity of judicial power to declare laws unconstitutional. (64) St.

Pages: 124

Publisher: Chelsea House Publications (March 1, 2005)

ISBN: 0791082563

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