Assault Weapons: Hearings Before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, One Hundred First Congress, First Session on S. 386 ... and S. 747 ... February 10 and May 5, 1989

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Common terms and phrases

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Էջ 116 - This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government...
Էջ 407 - They stand for the proposition that legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial are bills of attainder prohibited by the Constitution.
Էջ 185 - It would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of...
Էջ 115 - In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common...
Էջ 165 - ... any weapon which shoots or is designed to shoot automatically or semiautomatically more than one shot without manual reloading, by a single function of the trigger...
Էջ 186 - The law is perfectly well settled that the first ten amendments to the Constitution, commonly known as the Bill of Rights, were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors, and which had from time immemorial been subject to certain wellrecognized exceptions arising from the necessities of the case.
Էջ 115 - The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.
Էջ 167 - Code of 1954 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military 82 STAT.
Էջ 189 - There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth.
Էջ 31 - ATF investigations throughout the country on such hate groups as the Aryan Nation, the Order, the Ku Klux Klan, and the Posse Comitatus, we have seen an increased use of what would be classified as assault-type firearms. In 1985, ATF, along with other Federal, State, and local enforcement agencies conducted an investigation on the members of the Covenant, the Sword, and the Arm of the Lord in the area of the Arkansas-Missouri border. Subsequent to conducting a raid on the compound, numerous arrests...

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