WE REVERSE

This comes directly from E. David Quammen's excellent blog GunShowOnTheNet... one of the best patriotic, educational, and useful sites on the internet.

"We reverse"

On March 9, 2007 the United States Court of Appeals - For the District of Columbia circuit reversed its previous ruling. Essentially recognizing that "the Right of the People to Keep and Bear Arms" means precisely that which was originally written.

Below you will find pertinent quotations from the ruling. (More will be added as the ruling is studied). In addition, you can access the full (downloadable) PDF copy here. The court cites a number of interesting precedents used in determining their ruling.

Quote from SILBERMAN, Senior Circuit Judge:

"Appellants contest the district court's dismissal of their
complaint alleging that the District of Columbia's gun control laws violate
their Second Amendment rights. The court held that the Second Amendment ("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") does not bestow any
rights on individuals except, perhaps, when an individual serves in an organized
militia such as today's National Guard. We
reverse...."

"...In sum, the phrase "the right of the people," when read
intraextually and in light of Supreme Court precedent, leads us to conclude that
the right in question is individual. This proposition is true even thought "the
people" at the time of the founding was not as inclusive a concept as the "the
people" today. See Robert E. Shallope, To Keep and Bear Arms in the Early
Republic, 16 CONST. COMMENT. 269, 280-81 (1999). To the extent that
non-whites, women, and the properttyless were excluded from the protections
afforded to "the people" the Equal Protection Clause of the Fourteenth Amendment
isunderstood to have correct that initial constitutional shortcoming."

"The wording of the operative clause also indicates that the
right to keep and bear arms was not created by government, but rather preserved
by it. . . . Hence, the Amendment acknowledges "the right . . . to keep and bear
Arms," a right that pre-existed the Constitution like "the freedom of speech."
Because the right to arms existed prior to the formation of the new government,
see Robertson v. Baldwin, 165 U.S. 275,280 (1897)(describing the origin of the
Bill of Rights in English law), the Second Amendment only guarantees that the
right "shall not be infringed." Thomas Cooley*, in his influential treatise,
observed that the Second Amendment had its origins in the struggle with the
Stuart monarchs in late-seventeeth-century England. See THOMAS M. COOLEY, THE GENERAL PRINCLES OF CONSTITUTIONAL LAW IN THE UNITED STATES OF AMERICA 270-72
(Rothman & Co. 1981) (1880)...."

* - Here are some other quotes concerning our Right by Mr. Cooley;

"The right [to bear arms] is general. It may be supposed from
the phraseology of this provision that the right to keep and bear arms was only
guaranteed to the militia; but this would be an interpretation not warranted by
the intent. The militia, as has been explained elsewhere, consists of those
persons who, under the laws, are liable to the performance of military duty, and
are officered and enrolled for service when called upon. . . . [I]f the right
were limited to those enrolled, the purpose of the guarantee might be defeated altogether by the action or the neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms, and they need no permission or regulation of law for the purpose. But this enables the government to have a well regulated militia; for to bear arms implies something more than mere keeping; it implies the learning to handle and use them in a way that makes those who keep them ready for their efficient use; in other words, it implies the right to meet for voluntary discipline in arms, observing in so doing the laws of public order."

- Thomas M. Cooley, General Principles of Constitutional Law, Third Edition [1898]. (Mr. Cooley was Dean of the University of Michigan's Law School, Michigan Supreme Court justice, and a nationally recognized scholar).

"2. Those declaratory of the fundamental rights of the citizen: as that all men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness; that the right to property is before and higher than any constitutional sanction; that the free exercise and enjoyment of relgious profession and worship, without discrimination or preference, shall forever be allowed; that every man may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; that every man may bear arms for the defense of himself and of the state; that the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, nor shall soldiers be quartered upon citizens in time of peace; and the like."

- Thomas M. Cooley, LL.D, [A Treatise on the Constitutional Limitations Which Rest Upon The Legislative Power of the States of the American Union" 6th Edition, Little, Brown and Company 1890.] (Outline of Declaration of rights for the protection of individuals and minorities, expected from states when forming/amending a Constitution).

This is good news. And, at least has us moving back in the right direction. To the desired goal of return to TRUE original intent. Instead of the currently practised, and applied, perverse 'stare decisis' mode of precedence! All of us having a desire for full restoration of our Second Amendment Right. Owe a huge amount of gratitude to the Second Amendment Foundation, Keep and Bear Arms, and all of the other individuals and organizations that made this happen! But, most of all, our gratitude is due to that "Creator" which had bestowed upon us our Natural Right(s) to begin with!

Jay's side note: Thomas Cooley was a University of Michigan man! This is how a true Wolverine thinks!