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B 1 By the 1850's, the perceived threat that had prompted the inclusion of the Second Amendment in the Bill of Rights-the fear that the National Government would disarm the universal militia-had largely faded as a popular concern, but the right to keep and bear. Footnote 48 Likewise, no one contends that those interested in personal self-defense-every American, presumably-face any particular disadvantage in the political process. Perhaps the Court could lessen the difficulty of the mission it has created for itself by adopting a jurisprudential approach similar to the many state courts that administer a state constitutional right to bear arms. As he argues, the Framers did not write the Second Amendment with this objective in view.
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Dozens of blacks, many unarmed, were slaughtered by a rival band of armed white men. State or district without respect to race or color, or previous condition of slavery." 14, 14 Stat. Justice Samuel Miller's opinion for the Court concluded that the Privileges or Immunities Clause protects only those rights "which owe their existence to the Federal government, its National character, its Constitution, or its laws.".,. Petitioners now frame the question that confronts us as "whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment's Privileges or Immunities or Due Process Clauses." Brief for Petitioners,. .
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As Amici Curiae 13-16, 20 (arguing that stringent gun regulations "can help protect police officers operating on the front lines against gun violence and have reduced homicide rates in Washington,. . Fourth, the Court during this era was not hesitant to hold that a right set out in the Bill of Rights failed to meet the test for inclusion within the protection of the Due Process Clause.
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42 After the 1860's just as before, the state courts almost uniformly upheld these measures: Apart from making clear that all regulations had to be constructed and applied in a nondiscriminatory manner, the Fourteenth Amendment hardly made a dent. Bush, fawzi khalid abdullah fahad AL odah. Of Justice, Federal Bureau of Investigation, 2008 Crime in the United States, tbl. In 1822, a group of free blacks and slaves led by Denmark Vesey planned a rebellion in which they would slay their masters and flee to Haiti. What is it here that the people did not know?
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Unlike the First Amendment's religious protections, the Fourth Amendment's protection against unreasonable searches and seizures, the Fifth and Sixth Amendments' insistence upon fair criminal procedure, and the Eighth Amendment's protection against cruel and unusual punishments, the private self-defense right does not significantly seek to protect. S., at 148, I have emphasized that "the doctrine of judicial self-restraint requires us to exercise the utmost care whenever we are asked to break new ground in this field." Collins, 503. . Declaration of Rights (1776., at 263-275; Del. 449, 460, 466 (1958 Cantwell.
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34, 36, 40, 43, 49-52, 54-56. C The next question is whether the Privileges or Immunities Clause merely prohibits States from discriminating among citizens if they recognize the Second Amendment's right to keep and bear arms, or whether the Clause requires States to recognize the right. But it makes little sense to give history dispositive weight in every case. A clear majority of the States in 1868, therefore, recognized the right to keep and bear arms as being among the foundational rights necessary to our system of Government.
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Congress, however, ultimately deemed these legislative remedies insufficient. Many state legislatures did not keep records of their debates, and the few records that do exist reveal only modest discussion. Footnote 24 That one eschews a comprehensive theory of liberty does not, pace Justice Scalia, mean that one lacks "a coherent theory of the Due Process Clause ante,. S., at (Appendix to dissenting opinion).