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Re: Value

gunsmoker said:
Legal scholars will say that this reference to the right to carry weapons is "orbitur dictum" -- surplus language that is not really necessary to the holding of the case. Therefore they will say it carries no more weight than if you asked some guys on a street corner if they think free white citizens have the right to carry weapons in public, and they said "yes."

Everyone else will say that whatever the Supreme Court said in this case is worthless, even if it WAS central to the holding, because this is the case that held that blacks were property, not citizens, and could never become citizens, and could never enjoy any of the protections of the U.S. constitution.
Nobody is contending it was the law as laid out by the Supreme Court, but it does give an interesting insight into how the Supreme Court justices would have viewed the question at the time had it been before them. They simply assume that a right of citizens exists "to keep and carry arms wherever they" go, and nobody bothered to question whether bear meant "carry" or whether this was not a right of citizenship at all.

If you look at the Camilla Massacre thread here with all of the depositions, you will see a similar line of reasoning for Georgia. Prior to the public gathering law (passed in response to the events in Camilla) it is clearly understood that blacks are citizens (due to the 14th Amendment) and that they can, and are in the habit of, "carrying arms wherever they went."

Well, the Georgia General Assembly sure fixed that in short order.
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