SR> During the Spring Semester, I took a class on
SR> Government, and learned something
SR> I am surprised I never heard before.
SR> There has been a lot of talk about the "right to
SR> bear arms" and such. "You
SR> can't take my guns, I have a Constitutional right to it". I find it
SR> interesting that the Supreme Court has NEVER
SR> interpreted the Second Amendment
SR> as an individual's right to own firearms. It has
SR> ALWAYS interpreted it as the
SR> right of a state to have a militia (National Guard).
SR> If a city wishes to, they can even outlaw firearms
SR> within their city limits.
SR> It has been done, and is Constitutional!
SR> I'm surprised I did not hear this BEFORE my Senior year in college :)
Hi Sean,
I'm not surprised that your course work included this particular
interpretation of the 2nd Amendment. And you are correct that many of th
the justices that have sat on the cases that you have mentioned have
expressed that opinion, however, that particular aspect, whether or not RTKBA
is an individual right, has never been actually passed upon per se. Indeed,
in the recent strikedown of the Brady mandated background checks (on a 10th
Amendment challenge), Justice Clarence Thomas noted that he would be
surprised if the authors of the constitution would have meant individuals
when using the term "the people" in the 1st Amendment (and others), but not
individuals when using the same term in the 2nd. Additionally, Justice Thomas
seemed to be inviting someone to bring a 2nd Amendment case before the court.
Also, since you are obviously educated, albeit liberally, if you take the
rules of grammer and apply them carefully to the 2nd, you will find that the
second part of that sentence is in no way dependent upon the first part for
its meaning. ....the right of the people to keep and bear arms shall not be
infringed" stands complete and by itself.
I firmly believe that logic dictates that 1) it is better tha the people be
armed, 2) it is constitutional that they be armed, and 3) that to do
otherwise would be to play into the hands of criminals and know-nothing
liberals who believe that they know better how to rule us than we do
ourselves. You will note that the last statement flies in the face of the
founder's oft stated belief that the people ought to rule themselves.
Do a little research, do a little reading, do a lot of thinking .
I look forward to your next post.
jackson
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* Origin: NUT N' MUCH BBS Madison TN (615 868-8370 ISDN/Analog) (1:116/305)
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