How the NRA Rewrote the Second Amendment

[Colonel Hogan]

Plenty of smart people who studied the history of the amendment and who parsed its language concluded differently from the Heller Court. Most, in fact.

And prior to the Court's decision in Brown, these same smart people would have had to concede that the various appellate court decisions upholding the decision in Plessy v. Ferguson created the same aura of "rationally valid disagreement" surrounding the principle of "separate but equal" public accommodations for minorities.

So?

As I noted in my last post, the "obvious" character of the pre-existing right was reflected in the simple fact that gun ownership, at the time of the drafting of the Constitution and the Bill of Rights, was not viewed substantially different from the ownership right attendant to any other item of personal property.

That predominant public attitude spoke more clearly about the pre-existing right than the later debate among the lawyers.

 

[cjh]

And prior to the Court's decision in Brown, these same smart people would have had to concede that the various appellate court decisions upholding the decision in Plessy v. Ferguson created the same aura of "rationally valid disagreement" surrounding the principle of "separate but equal" public accommodations for minorities.

So?

As I noted in my last post, the "obvious" character of the pre-existing right was reflected in the simple fact that gun ownership, at the time of the drafting of the Constitution and the Bill of Rights, was not viewed substantially different from the ownership right attendant to any other item of personal property.

That predominant public attitude spoke more clearly about the pre-existing right than the later debate among the lawyers.

And we may learn the same thing about Citizens United somewhere down the road.

Preexisting rights are sort of like penumbral rights.

In the eye of the majority.

 

[RobDownSouth]

And we may learn the same thing about Citizens United somewhere down the road.

Preexisting rights are sort of like penumbral rights.

In the eye of the majority.

Amazing how Murica survived for so long without these "pre-existing rights" (Heller's "Army Of One" and Citizen United's "One dollar, one vote") being explicitly defined for us by "Justice" Scalia and his gang.

 

[unregistered]

 

[BotanyBoy]

Unlike you, I don't live in fear of the government OR the boogie man coming to get my stuff. I live and not cower.

Unlike me? LOL

So it's just degraded to personal insult because you don't have SHIT, is that where we are at? I'm pretty sure that's where we iz....which is cool I can play that game too

Why would I fear the gov? They know me and I know them....fuck they STILL want me to come teach their new high speeds how to do the damn thing. Gubbmint and I are #1 N words. You have me confused with a gun toting conservitard....news flash genius, I'm not conservative.

Again out in my country house cops are 45 min away and that's if one just happens to be sitting at the turn off for the road to my place. What should I do since you, thousands of fucking miles away know better than I how to provide security over a couple hundred acres in the middle of nowhere? Do tell smart guy.......maybe some harsh language and drum circles will keep the cartels and thieves out??

OH I know!! I can do the liburhul thing and hire a bunch of triggers to protect me while I stick my nose in their air for champion taking away guns, because so progressive!! LOL

The great "Armed security for me, but not for the." mantra of RJ and his crew of anti gun liburhulz.

 

[zipman]

Interesting article on the subject

http://www.nytimes.com/2014/05/27/opinion/nocera-right-to-bear-arms-means-this.html?_r=2

 

[KingOrfeo]

Without re-arguing the merits of that discussion, could you provide an example (apart from raising and maintaining a militia) where the "collective" right of the people to keep and bear arms is NOT infringed by the government confiscating the firearms of all people individually?

Easy: A regime where only the National Guards -- who collectively embody the people for these purposes -- have firearms satisfies the intent of the 2nd Amendment.