RKBA, Texas Constitution, Second Amendment
Posted: Thu Aug 23, 2007 7:48 pm
I frequent THR a lot and TFL to a lesser degree. One of the individuals on those forums (he might lurk here) whom I respect highly often posts this:
The vast majority of us who value our RKBA are eagerly awaiting SCOTUS to hear and decide on the DC case hoping they FINALLY establish that the 2A is an individual right.
I am far and away not a legal mind. What was Cockrum vs State of Texas and why is our constitution Article 1 Section 23 so annoying?
What must we do next legislative session to change things so we do not have to piecemeal so much legislation?
Anygun
Our current state constitution states:"It is contended, that this article of the code, is in violation of the constitution of the United States, and of this state. The clause in the constitution of the United States, that it is said to be in violation of, is the 2d article of the amendments: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." O. & W. Dig. 7. The clause in the constitution of this state, which it is said to violate, is the 13th section of the bill of rights: "Every citizen shall have the right to keep and bear arms, in the lawful defense of himself or the state." O. & W. Dig. 14.
The object of the clause first cited, has reference to the perpetuation of free government, and is based on the idea, that the people cannot be effectually oppressed and enslaved, who are not first disarmed. The clause cited in our bill of rights, has the same broad object in relation to the government, and in addition thereto, secures a personal right to the citizen. The right of a citizen to bear arms, in the lawful defense of himself or the state, is absolute. He does not derive it from the state government, but directly from the sovereign convention of the people that framed the state government. It is one of the "high powers" delegated directly to the citizen, and "is excepted out of the general powers of government." A law cannot be passed (p.402)to infringe upon or impair it, because it is above the law, and independent of the law-making power." - Texas Supreme Court Decision, Cockrum vs State of Texas, ---- 1859
I am assuming that what the Texas Supreme Court determined in 1859 is still applicable today.Article 1 - BILL OF RIGHTS
Section 23 - RIGHT TO KEEP AND BEAR ARMS
Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.
The vast majority of us who value our RKBA are eagerly awaiting SCOTUS to hear and decide on the DC case hoping they FINALLY establish that the 2A is an individual right.
I am far and away not a legal mind. What was Cockrum vs State of Texas and why is our constitution Article 1 Section 23 so annoying?
What must we do next legislative session to change things so we do not have to piecemeal so much legislation?
Anygun