The definitive guide to the 2nd Amendment

Discussion in 'Politics' started by P@triot, Jan 7, 2018.

  1. 2aguy
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    2aguy Diamond Member

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    This has been shown to be stupid over and over again....Scalia goes through the wording of the 2nd Amendment in Heller, in great detail, citing actual legal precedent when he does it....you are such a lying doofus...
     
  2. 2aguy
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    2aguy Diamond Member

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    Moron....the idiot in your link doesn't realize that the phrasing of that Amendment was common to all sorts of legal codes.....and state constitutions at the time......you are such a moron...
     
  3. Contumacious
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    Contumacious Radical Freedom

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    Very interrresting

    So we are FREE PEOPLE with the RIGHT TO LIFE but we don't have a right to defend it.

    Sad.



    Stupid motherfucker moron

    Either the free market provide firearms and ammunitions or we will buy them in the black market.

    There is NOTHING that you and your ilk can do. NOTHING


    ,
     
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  4. 2aguy
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    2aguy Diamond Member

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    Moron....he quotes a tiny phrase used by Marshall...and you think that means anything, he wasn't even referring to the 2nd Amendment when he stated

    However, no less a constitutional authority than Supreme Court Chief Justice John Marshall disagrees, declaring that “it cannot be presumed that any clause in the constitution is intended to be without effect.”

    that Statement has no bearing on the 2nd Amendment.....and the doofus in your link puts it in there, while Scalia breaks down the 2nd Amendment wtih examples and legal Precedent.....you are such a doofus...

    This is just the introduction to Heller....Scalia goes on in great, minute, detail about the wording of the 2nd Amendment..

    (c) The Court’s interpretation is confirmed by analogous armsbearing rights in state constitutions that preceded and immediately followed the Second Amendment. Pp. 28–30. (d) The Second Amendment’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30–32. (e) Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion. Pp. 32–47. (f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542, 553, nor Presser v. Illinois, 116 U. S. 252, 264–265, refutes the individualrights interpretation. United States v. Miller, 307 U. S. 174, does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes. Pp. 47–54

    Now....going into it deeper...Look at Scalia, and then tell me that tiny statement from Marshall has any bearing on the 2nd Amendment argument....

    II

    We turn first to the meaning of the Second Amendment. A The Second Amendment provides: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

    In interpreting this text, we are guided by the principle that “[t]he Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning.” United States v. Sprague, 282 U. S. 716, 731 (1931); see also Gibbons v. Ogden, 9 Wheat. 1, 188 (1824). Normal meaning may of course include an idiomatic meaning, but it excludes secret or technical meanings that would not have been known to ordinary citizens in the founding generation. The two sides in this case have set out very different interpretations of the Amendment. Petitioners and today’s dissenting Justices believe that it protects only the right to possess and carry a firearm in connection with militia service. See Brief for Petitioners 11–12; post, at 1 (STEVENS, J., dissenting).

    Respondent argues that it protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. See Brief for Respondent 2–4.

    The Second Amendment is naturally divided into two parts: its prefatory clause and its operative clause. The former does not limit the latter grammatically, but rather announces a purpose.

    The Amendment could be rephrased, “Because a well regulated Militia is necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” See J. Tiffany, A Treatise on Government and Constitutional Law §585, p. 394 (1867); Brief for Professors of Linguistics and English as Amici Curiae 3 (hereinafter Linguists’ Brief).


    Although this structure of the Second Amendment is unique in our Constitution, other legal documents of the founding era, particularly individual-rights provisions of state constitutions, commonly included a prefatory statement of purpose. See generally Volokh, The Commonplace Second Amendment, 73 N. Y. U. L. Rev. 793, 814–821

    Logic demands that there be a link between the stated purpose and the command. The Second Amendment would be nonsensical if it read, “A well regulated Militia, being necessary to the security of a free State, the right of the people to petition for redress of grievances shall not be infringed.”

    That requirement of logical connection may cause a prefatory clause to resolve an ambiguity in the operative clause (“The separation of church and state being an important objective, the teachings of canons shall have no place in our jurisprudence.”

    The preface makes clear that the operative clause refers not to canons of interpretation but to clergymen.) But apart from that clarifying function, a prefatory clause does not limit or expand the scope of the operative clause. See F. Dwarris, A General Treatise on Statutes 268–269 (P. Potter ed. 1871) (hereinafter Dwarris); T. Sedgwick, The Interpretation and Construction of Statutory and Constitutional Law 42–45 (2d ed. 1874).3 “‘It is nothing unusual in acts . . . for the enacting part to go beyond the preamble; the remedy often extends beyond the particular act or mischief which first suggested the necessity of the law.’” J. Bishop,

    Commentaries on Written Laws and Their Interpretation §51, p. 49 (1882) (quoting Rex v. Marks, 3 East, 157, 165 (K. B. 1802)). Therefore, while we will begin our textual analysis with the operative clause, we will return to the prefatory clause to ensure that our reading of the operative clause is consistent with the announced purpose.4 1.

    Operative Clause.

    a. “Right of the People.”

    The first salient feature of the operative clause is that it codifies a “right of the people.”

    The unamended Constitution and the Bill of Rights use the phrase “right of the people” two other times, in the First Amendment’s Assembly-and-Petition Clause and in the Fourth Amendment’s Search-and-Seizure Clause.

    The Ninth Amendment uses very similar terminology (“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”). All three of these instances unambiguously refer to individual rights, not “collective” rights, or rights that may be exercised only through participation in some corporate body.5

    Three provisions of the Constitution refer to “the people” in a context other than “rights”—the famous preamble (“We the people”), §2 of Article I (providing that “the people” will choose members of the House), and the Tenth Amendment (providing that those powers not given the Federal Government remain with “the States” or “the people”).

    Those provisions arguably refer to “the people” acting collectively—but they deal with the exercise or reservation of powers, not rights.

    Nowhere else in the Constitution does a “right” attributed to “the people” refer to anything other than an individual right.6

    What is more, in all six other provisions of the Constitution that mention “the people,” the term unambiguously refers to all members of the political community, not an unspecified subset.


    As we said in United States v. Verdugo-Urquidez, 494 U. S. 259, 265 (1990): “‘[T]he people’ seems to have been a term of art employed in select parts of the Constitution. . . . [Its uses] sugges[t] that ‘the people’ protected by theFourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.”


    This contrasts markedly with the phrase “the militia” in the prefatory clause.

    As we will describe below, the “militia” in colonial America consisted of a subset of “the people”—those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to “keep and bear Arms” in an organized militia therefore fits poorly with the operative clause’s description of the holder of that right as “the people.”


    We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans. b. “Keep and bear Arms.” We move now from the holder of the right—“the people”—to the substance of the right: “to keep and bear Arms.” Before addressing the verbs “keep” and “bear,” we interpret their object: “Arms.” The 18th-century meaning is no different from the meaning today. The 1773 edition of Samuel Johnson’s dictionary defined “arms” as “weapons of offence, or armour of defence.” 1 Dictionary of the English Language 107 (4th ed.) (hereinafter Johnson). Timothy Cunningham’s important 1771 legal dictionary defined “arms” as “any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.” 1 A New and Complete Law Dictionary (1771); see also N. Webster, American Dictionary of the English Language (1828) (reprinted 1989) (hereinafter Webster) (similar).

    I would go on, but If you have any intelligence you would see that the author of your link has no idea what they are talking about...
     
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  5. P@triot
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    P@triot Diamond Member

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    I suggest you simply learn to read, Guy Catcher...
    You’re gun rights are guaranteed and unlimited. It could not be more black and white (unless one is an illiterate progressive).
     
  6. P@triot
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    P@triot Diamond Member

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    1. I can absolutely assure you that Guy Catcher has no intelligence

    2. He provides “essays” written by idiot progressives for his arguments :laugh:

    3. Like all facists, he’s irate that he doesn’t get to control you or your choices
     
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  7. boedicca
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    boedicca Uppity Water Nymph Supporting Member

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    Personal safety is not only the justification for the 2nd Amendment. An individual's right to own a gun is also to hold in check a tyrannical government.
     
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  8. Daryl Hunt
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    Daryl Hunt Gold Member

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    Oh, I agree. Personal Safety. And a tyrannical government.

    When other's personal safety becomes a factor maybe that shouldalso be factroed in as well. When our rights jeapordise others rights then we need to modify our own rights.

    Now about that tyranical government. If we have a system in place to prevent it then that part of the 2nd amendment really has no meaning. We, techincally, have a revolution every 2 and 4 years at the ballot box.
     
  9. Wry Catcher
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    Wry Catcher Diamond Member

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    Oh so emotional, and so willing to be a felon. Better think before you act, since you haven't read and understood the link. Gun control is a common sense response to what has become a national disgrace. GUN CONTROL IS NOT WHAT YOU THINK IT IS, OR WILL BECOME.
     
  10. BULLDOG
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    BULLDOG Diamond Member

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    Bullshit no matter how many times you post that crap.
     

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