Assault Weapon Manufacturing Strict Liability Act of 1990: Hearing and Markup Before the Committee on the District of Columbia, House of Representatives, One Hundred Second Congress, First Session, on H.R. 3712, November 21, 1991U.S. Government Printing Office, 1993 - 465 páginas |
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Palavras e frases frequentes
action American Assault Weapon Manufacturing bear arms bill of attainder BLILEY cause Chairman citizens Civilian Marksmanship Program Colt COMBEST commerce clause Committee Congress constitutional costs Council criminal D.C. Act D.C. Code D.C. law dealers death defect District of Columbia drug enacted Federal interest going gun control gun manufacturers Handgun Manufacturing handgun or machine HENIGAN HICKS HOGAN & HARTSON Home Rule Act homicides HORWITZ hospital imposing strict liability injury issue jurisdiction Justice NEELY keep and bear law enforcement agencies legislation machine gun Manufacturing Strict Liability militia minimum contacts percent person police product liability product liability law question referendum repeal result rifle ROHRABACHER ROLARK SAAMI Second Amendment semiautomatic sporting statute Steyr AUG Strict Liability Act Supreme Court testimony Thank there's tort law uncompensated unconstitutional United victims violates violence violent crime vote voters Washington Weapon Manufacturing Strict
Passagens conhecidas
Página 234 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Página 234 - ... to be considered the law of the land. If this were so, acts of attainder, bills of pains and penalties, acts of confiscation, acts reversing judgments, and acts directly transferring one man's estate to another, legislative judgments, decrees, and forfeitures in all possible forms, would be the law of the land.
Página 11 - From these, and many other selections which might be made, it is apparent that the framers of the constitution contemplated that instrument as a rule for the government of courts as well as of the legislature. Why otherwise does it direct the judges to take an oath to support it? This oath certainly applies in an especial manner to their conduct in their official character. How immoral to impose it on them if they were to be used as the instruments, and the knowing instruments, for violating what...
Página 234 - Let us endeavor to explain its several properties, as they arise out of this definition. And, first, it is a rule, not a transient sudden order from a superior to or concerning a particular person; but something permanent, uniform, and universal.
Página 244 - to preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them...
Página 266 - It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.
Página 249 - The law is perfectly well settled that the first ten amendments to the Constitution, commonly known as the Bill of Rights, were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors, and which had from time immemorial been subject to certain well-recognized exceptions arising from the necessities of the case.
Página 266 - ... the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary...
Página 115 - A jury could decide that an earth-moving machine with a 48-foot by 20-foot rectangular blind spot was dangerous "to an extent beyond that which would be contemplated by the ordinary consumer who purchases it [or by a bystander], with the ordinary knowledge common to the community as to its characteristics.
Página 234 - Wall. 333, also held invalid on the same grounds an Act of Congress which required attorneys practicing before this Court to take a similar oath. Neither of these cases has ever been overruled. They stand for the proposition that legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial are bills of attainder prohibited by the Constitution.