@MontereyJack,
It appears that I missed Jack's post.
For that, I apologize, Jack.
Thank u for finding it, Oralloy.
MontereyJack wrote:Sorry, David, you are, as usual, the one that's wrong.
as the professional grammarians' amicus briefs clearly showed,
the 2nd amendment as the founders drew it up, was talking solely about militias.
I have not seen it.
R u sure that it existed ?
For quite a few years b4 the
HELLER case of 2008,
it was my practice to
inquire of miscellaneous professional grammarians
with whom I came into contact for their opinions on the
accurate intendment
of the 2nd Amendment, as drawn (i.e., to parse the text of the 2nd Amendment).
(To preserve their professional impartiality and neutrality,
I never pointed out what we already know of the Founders' views
on personal defense, from
their own writings,
and few of those grammarians were libertarians.)
Thay
ALL, without exception, supported the
Individualist understanding
of the words and syntax of the 2nd Amendment,
including those who like gun control, which were most of them.
Take
your own survay of professional grammarians and see what happens.
MontereyJack wrote:the Constitution is silent about an individual right--silent,
neither pro nor con, not discussed at all.
In
US v. VERDUGO 11O S.Ct. 1O56 (at P. 1O61) (1990) (cited with
APPROVAL by the USSC in
HELLER)
the United States Supreme Court declares that
:
"The Second Amendment protects
'the right of the people to keep and bear arms' ".
THE SUPREME COURT THEN PROCEEDS TO DEFINE "THE PEOPLE" AS BEING THE
SAME PEOPLE WHO CAN VOTE TO ELECT THE US HOUSE OF REPRESENTATIVES
EVERY SECOND YEAR. (Notably, one need not join the National Guard
in order to vote for his congressman.) The Court further defined "the people"
to mean those people who have a right peaceably to assemble [1st Amendment]
and those who have the right to be free of unreasonable searches and seizures [4th Amendment]
in their persons houses, papers and effects (personal rights, not rights of states,
as the authoritarian-collectivists allege of the 2nd Amendment).
THE COURT HELD THAT THE TERM "THE PEOPLE" MEANS THE SAME THING
EVERYWHERE THAT IT IS FOUND IN THE CONSTITUTION OF 1787, AND
EVERYWHERE THAT IT IS FOUND IN THE BILL OF RIGHTS.
In
VERDUGO (supra), the Court indicated that the same people are protected
by the First,
SECOND, Fourth, Ninth and Tenth Amendments;
i.e.
THE PEOPLE who can speak & worship freely can keep and bear arms.
Note that: the Court
RELIED upon its definition of "the people".
Its decision in the
VERDUGO case is founded upon that definition,
so that
stare decisis attaches, thus creating binding judicial precedent,
explaining
WHO THE PEOPLE ARE who have the said rights.
In its
HELLER decision, the USSC cited to
VERDUGO with approval and
support.
MontereyJack wrote:It's only the 20th century right wing activist ideological judges who invented one.
We know from study of the writings of the Founders
and of press coverage, including letters to the editor from citizens
at the time, that
NO ONE supported the gun control filosofy.
Police did
not exist anywhere in the USA, until the next century.
Each citizen had to take care of himself; this was the
mind-set
of the Founders and of the citizens by whom thay were surrounded.
MontereyJack wrote:Four justices strongly opposed the reasoning in Heller,
which means we just have to get one more,
or have one of the five realize he was wrong and recant, and we can get back to sanity.
Jack, that 's like saying that if only more
anti-freedom judges get appointed to the USSC,
then
Roe v. Wade and freedom of abortion can be repealed. Is that the position that u wanna adopt ?