Kagan on Second Amendment: Like Freedom of Speech Enjoys “Strong But Not Unlimited Protection”

While in the Clinton White House, Kagan took on gun (and tobacco) industries.

During her confirmation as solicitor general, Kagan said the Second Amendment, like freedom of speech, enjoys “strong but not unlimited protection.”

In a questioner from Sen. Chuck Grassley (R) about gun rights during her confirmation to be Solicitor General, Kagan had this to say:

“Once again, there is no question, after Heller, that the Second Amendment guarantees individuals the right to keep and bear arms and that this right, like others in the Constitution, provides strong although not unlimited protection against governmental regulation.”

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248 Comments.

  1. and2therepublic

    “If men through fear, fraud or mistake, should in terms renounce and give up any essential natural right, the eternal law of reason and the great end of society, would absolutely vacate such renunciation; the right to freedom being the gift of God Almighty, it is not in the power of Man to alienate this gift, and voluntarily become a slave.” – John Adams – Rights of Colonists – 1772

  2. and2therepublic

    “But ambitious encroachments of the federal government, on the authority of the State governments, would not excite the opposition of a single State, or of a few States only. They would be signals of general alarm…But what degree of madness could ever drive the federal government to such an extremity.” – James Madison – Federalist No. 46 – January 29, 1788

  3. RigidPrinciples

    “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” — Thomas Jefferson

  4. and2therepublic

    “The accumulation of all powers, legislative, executive,and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” – James Madison – Federalist No.47

  5. and2therepublic

    “The preservation of the sacred fire of liberty, and the destiny of the republican model of government, are justly considered deeply, perhaps as finally, staked on the experiment entrusted to the hands of the American people.” – George Washington – First Inaugural Address – April 30, 1789

  6. and2therepublic

    “[T]he citizens of the United States are responsible for the greatest trust ever confided to a political society. If justice, good faith, honor, gratitude and all the other qualities which ennoble the character of a nation and fulfill the ends of government be the fruits of our establishments, the cause of liberty will acquire a dignity and lustre, which it has never yet enjoyed, and an example will be set, which cannot but have the most favourable influence on the rights of Mankind. If on the other side, our governments should be unfortunately blotted with the reverse of these cardinal and essential virtues, the great cause which we have engaged to vindicate, will be dishonored and betrayed; the last and fairest experiment in favor of the rights of human nature will be turned against them; and their patrons and friends exposed to be insulted and silenced by the votaries of tyranny and usurpation.” – James Madison – Address to the States

  7. Whargarblelele I wanna own a nuke! Protect my riiiights!

  8. and2therepublic

    “Every government degenerates when trusted to the rulers of the people alone. The people themselves, therefore, are its only safe depositories.” – Thomas Jefferson – Notes on the State of Viginia, Query XIV – 1781

  9. and2therepublic

    “[D]emocracy will soon degenerate into anarchy, such an anarchy that every man will do what is right in his own eyes and no man’s life or property or reputation or liberty will be secure, and every one of these will soon mould itself into a system of subordination of all the moral virtues and intellectual abilities, all the powers of wealth, beauty, wit and science, to the wanton pleasures, the capricious wills, and the execrable cruelty of one or a very few.” – John Adams – An Essay on Man’s Lust for Power – August 29, 1763

  10. and2therepublic

    “[D]emocracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths. ‘ – James Madison – Federalist No.10 – November 23, 1787

  11. and2therepublic

    “Remember democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” – John Adams – letter to John Taylor – April 15, 1814

  12. and2therepublic

    “The republican is the only form of government which is not eternally at open or secret war with the rights of mankind.” – Thomas Jefferson – letter to William Hunter – March 11, 1790

  13. and2therepublic

    “A lady asked Dr. Franklin, “Well Doctor what have we got a republic or a monarchy?”–”A republic,” replied the Doctor, “if you can keep it.” – Benjamin Franklin – Farrand’s Records of the Federal Convention – 1787

  14. and2therepublic

    “[A] republic…[is] a government, in which the property of the public, or people, and of every one of them was secure and protected by law…implies liberty; because property cannot be secured unless the man be at liberty to acquire, use or part with it, at his discretion, and unless he have his personal liberty of life and limb, motion and rest, for that purpose.” – John Adams

  15. and2therepublic

    “The genius of Republican liberty, seems to demand on the one side, not only that all power should be derived from the people; but, that those entrusted with it should be kept in dependence on the people, by a short duration of their appointments; and, that even during this short period, the trust should be placed not in a few, but in a number of hands.” – James Madison – Federalist No.37

  16. and2therepublic

    “[In a democracy] a common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert results from the form of government itself; and there is nothing to check the inducements to sacrifice the weker party or an obnoxious individual.” – James Madison – Federalist No. 10

  17. and2therepublic

    “If we can prevent the government from wasting the labors of the people, under the pretence of taking care of them, they must become happy.” – Thomas Jefferson – letter to Thomas Cooper – November 29, 1802

  18. and2therepublic

    “As a very important source of strength and security, cherish public credit. One method of preserving it is to use it as sparingly as possible; avoiding ocassions of expense by cultivating peace, but remembering also that timely disbursements to prepare for danger frequently prevent much greater disbursements to repel it; avoiding likewise the accumulation of debt, not only by shunning occasions of expense, but by vigorous exertions in time of Peace to discharge the Debts which unavoidable wars may have occasioned, not ungenerously throwing upon posterity the burden which we ourselves ought to bear.” – George Washington – Farewell Address

  19. and2therepublic

    “History affords us many instances of the ruin of states, by the prosecution of measures ill suited to the temper and genius of their people. The ordaining of laws in favor of one part of the nation, to the prejudice and oppression of another, is certainly the most erroneous and mistaken policy. These measures never fail to create great and violent jealousies and animosities between the people favored and the people oppressed; whence a total separation of affections, interests, political obligations, and all manner of connections, by which the whole state is weakened.” – Benjamin Franklin – Emblimatic Representations – 1774

  20. and2therepublic

    “Safety from external danger is the most powerful director of national conduct. Even the ardent love of liberty will, after a time, give way to its dictates. The violent destruction of life and property incident to war, the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty to resort for repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they at length become willing to run the risk of being less free.” – Alexander Hamilton – Federalist No. 8

  21. and2therepublic

    “Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” – Benjamin Franklin – letter to Jean-Baptiste Leroy – Nov.13, 1789

  22. and2therepublic

    “I consider the foundation of the Constitution as laid on this ground that ‘all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.’ To take one step beyond the boundries thus specifically drawn around the powers of Congress, is to take possession of a boundless field of power, not longer susceptable of any definition.” – Thomas Jefferson – Opinion on the Constitutionality of a National Bank – February 15, 1791

  23. and2therepublic

    “[I]t is not by the consolidation, or concentration of powers, but by their distribution, that good government is effected. Were not this great country already divided into states, that division must be made, that each might do for itself what concerns itself directly, and what it can so much better do than a distant authority. Every state again is divided into counties, each to take care of what lies within its local bounds; each couny again into townships or wards, to manage minuter details; and every ward into farms, to be governed each by its individual proprietor…It is by this partition of cares, desending in gradation from general to particular, that the mass of human affairs may be best managed for the good and prosperity of all.” – Thomas Jefferson – Autobiography

  24. Remember, remember on the 2nd of November,
    the democrat health care, treason and plot,
    I see no reason we should ever forget,
    the democrat treason and plot.

    Vote the dam communist/socialist democrats out of this countries power base!

    Kagan is a symptom.

    The democrats are the disease.

    :cool:

  25. and2therepublic

    “What is to be consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstue or enlarge any other power vested in them …the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.” – James Madison – Federalist No. 44 – January 25, 1788

  26. and2therepublic

    “The natural cure for an ill-administration, in a popular or representative constitution, is a change of men.” – Alexander Hamilton – Federalist No. 21 – 1787

  27. and2therepublic

    “To take from one, because it is thought his own industry and that of his fathers has acquired too much, in order to spare to others, who, or whose fathers, have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, the guarantee to everyone the free exercise of his industry and the fruits acquired by it.” – Thomas Jefferson – in a letter to Joseph Milligan – April 6, 1816

  28. and2therepublic

    “The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If ‘Thou shalt not covet’ and ‘Thou shalt not steal’ were not commandments of Heaven, they must be made inviolable precepts in every society before it can be civilized or made free.” – John Adams – A Defense of the American Constitutions – 1787

  29. and2therepublic

    “Govenment is instituted to protect property of every sort; as well as that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government, that alone is a just government which impartially secures to every man whatever is his own.” – James Madison – Essay on Property – March 29, 1792

  30. and2therepublic

    “It is sufficiently obvious, that persons and property are the two great subjects on which Governments are to act; and that the rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted. These rights cannot well be separated.” – James Madison – Speech at the Virginia Convention – December 2, 1829

  31. and2therepublic

    “Objects of the most stupendous magnatude, and measure in which the lives and liberties of millions yet unborn are intimately interested, are now before us. We are in the very midst of a revolution the most complete, unexpected and remarkable of any in the history of nations.” – John Adams – letter to William Cushing – June 9, 1776

  32. and2therepublic

    “Would they not fear that citizens not less tenacious than conscious of their rights would flock from the remotest extremes of their respective states to the places of election, to overthrow their tyrants, and to substitute men who would be disposed to avenge the violated majesty of the people?” – Alexander Hamilton – Federalist No. 60

  33. and2therepublic

    “It is very imprudent to deprive America of any of her privileges. If her commerce and friendship are of any importance to you, they are to be had on no other terms than leaving her in the full enjoyment of her rights.” – Benjamin Franklin – Political Observations

  34. and2therepublic

    “Democracy is when the indigent, and not the men of property, are the rulers.” – Aristotle

    “Democracy arises out of a notion that those who are equal in any respect are equal in all repects; because men are equally free, they claim to be absolutely equal.” – Aristotle

    “Democracy passes into despotism.” – Plato

    “In a republic this rule ought to be observed: that the majority should not have the predominant power.” – Marcus Tullius Cicero

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