The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
“This right to keep and bear arms, although stated in connection
with the militia, is held broad enough to cover the keeping and
carrying of such weapons as are suitable for self-defense, or
defense of the home. But the keeping of unusual weapons, or the
carrying of unusual weapons in an unusual manner, as by having them
concealed on the person, may be prohibited.”—Bouvier’s _Law
Dictionary_, Vol. I, p. 165.
“This amendment, like the other eight amendments to the Federal
Constitution, does not apply to the States, and a State may
legislate as it pleases regarding the carrying and using of arms.
Many states prevent the carrying of arms of any kind except with
legal permission given through the proper officer for stated
specific reasons.”
“The amendment means no more than that this right shall not be
infringed by Congress. Police protection of the people is left to
the States.”
59 One of the grievances of the colonists stated in the Declaration of
Independence was the quartering of large bodies of armed troops in
the colonies, but the guaranty found in the Federal Constitution and
in many State Constitutions is that soldiers shall not in times of
peace be quartered upon private persons. This guaranty has respect
to the recognition of the right of every man not to be unwarrantably
disturbed or intruded upon in his home. “Every man’s house is his
castle.”
60 Constitution of the United States, Amendment IV.
“One of the most serious grievances of the colonists was, the
assertion and exercise of a prerogative of the crown to issue
warrants for searching private premises in order to obtain evidence
of political offenses. This had been the subject of controversy in
England and was made the basis of a protest in Massachusetts by
James Otis against the Writs of Assistance which were in effect,
general warrants.”—_Cyclopedia of American Government_, Vol. III, p.
654.
“The privilege contended for was that the privacy of the dwelling
house should not be invaded by public officers without the consent
of the owner save for the purpose of making an arrest, and then only
by an officer of the law—who carried a warrant giving him such
authority.”—Emlin McClain, quoted in the _Cyclopedia of American
Government_, Vol. III, p. 654.
The protection afforded by the constitutional provision is against
attempts made under the disguise of public process to pry into
private affairs on mere suspicion that a crime has been committed or
contemplated.
Public-domain text, read in full here on John Shaqi.
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