Gun Control & RKBA

beevul

(12,194 posts)

6. Hah.

Tue Apr 26, 2016, 02:57 PM

Apr 2016

Heller was decided by a 5-4 majority. The dissent, written by Justice John Paul Stevens, was not meek. Stevens basically accused Scalia of throwing out two centuries of legal precedent and reading Scalia's own preferences into the Second Amendment. Scalia, he wrote, all but dismissed the amendment's highly inconvenient preamble placing gun rights within the context of a "well-regulated militia."

Stevens ignored a preamble of his own, so hasn't got much room to talk there:

THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution

http://billofrights.org/

Amendment 2 restricts only government and authorizes nothing. The collective rights argument becomes even more laughable, however, when one takes into account that congress was already granted certain explicit powers over the militia, and disarming it wasn't among them.

Its the right of the PEOPLE, not the right of the militia, sorry collective rights theorists.

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More Gun Regulation Is Inevitable [View all] Purveyor Apr 2016 OP

Cool! So if we goto a strict Miller/militia interpretation, assault weapons jmg257 Apr 2016 #1

Clinton would love to have Heller overturned, a big victory. JustABozoOnThisBus Apr 2016 #2

Try this link: flamin lib Apr 2016 #3

Ah, yes. The Leading Democrat takes that all-time winning issue. Talk about down ballot. Eleanors38 Apr 2016 #4

"the people" aren't civilians? Nuclear Unicorn Apr 2016 #5

Hah. beevul Apr 2016 #6

The link is 404. N/T beevul Apr 2016 #7

Fixed. Sorry, Bloomberg links are acting strange today for some reason. Purveyor Apr 2016 #8

From the article... beevul Apr 2016 #9

she didn't learn constitutional law or history gejohnston Apr 2016 #10