Excellent reasoning.  --Peter
----- Original Message -----
From: "Clayton E. Cramer" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Monday, October 27, 2003 10:49 AM
Subject: Re: discussion: is gun registration unconstitutional?


> Jon Roland <[EMAIL PROTECTED]> wrote:
>
> > The best way to answer that is to accept the libertarian presumption of
the
> > Founders that if there was any reasonable doubt concerning whether a
power
> > had been delegated, or, equivalently, whether an individual has an
immunity,
> > or right against the affirmative action of government, the decision must
> > always be made against the power and in favor of the immunity. The
refrain
> > should be, "quo warranto", and that should seek an unbroken logical
chain of
> > authority from the applicable constitution, either from a provision of
it or
> > a lack thereof.
>
> I'm not sure that I see a libertarian presumption on the part of
> the Founders.  This is one of the great disputes about this
> period: should the civic republicanism sentiment or the
> individualist/libertarian sentiment be regarded as the presumption?
> I see a lot more civic republicanism in play than libertarian
> sentiment.  There's certainly some presumption in support of
> free markets, but they aren't rigidly in that direction.  There
> is a definite move towards more freedom than under British
> colonial rule, but that's not libertarian in the modern sense of
> the word.
>
> Clayton E. Cramer           [EMAIL PROTECTED]
> http://www.claytoncramer.com
> Being a citizen of the Republic is not a spectator sport.
>

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