@hightor,
hightor wrote:Given the wording of the amendment I find it difficult to believe that the founders had in mind a citizenry armed with the latest military firearms holed up in their homes waiting for some hapless intruder to open the door.
I missed the part where they said the militia should only be equipped with obsolete weapons.
The wording of the right specifies that people have the right to
keep arms as well as to bear them. Clearly people retain possession over their weapons even when they are not serving on militia duty.
If they only meant people to possess weapons while they were on militia duty, the mere right to "bear" arms would have covered that.
hightor wrote:I know, you'll ask who made me a constitutional authority. So I'll let Justice Stevens make the point:
I don't care about credentials. I care about quality of argument.
Quote:The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.
Even if the militia-related right is separated from the "the common-law right of self-defense" (which Stevens clearly acknowledges exists), the Ninth Amendment protects all common law rights that were not covered by any other amendment.
So even under his argument, the Left are violating our rights if they do not protect the right to have self defense weapons.
There is also another big problem with the Leftists who interpret the Second Amendment as being militia-only. Under such an interpretation, the government is required to have a militia. And the people who advance this argument never seem to get around to setting up that militia.
It is impossible to credibly argue that a right only applies to militiamen unless you first produce some militiamen for the right to apply to.
hightor wrote:But when a decision like this is decided in a 5-4 vote in a highly politicized atmosphere, it gives one reason to believe that the decision could be overturned in the future by a 5-4 (or greater) majority. It could happen.
Thus the critical importance of keeping the Democrats out of power. They're coming for us, and they mean to abolish our freedom.
hightor wrote:The dissenters in Heller were not radicals or authoritarians bent on suppressing freedom. They just held a different interpretation which had been in the judicial mainstream for years.
The trouble with their interpretation is that it can only be credible if there actually was a militia. And they never seem to get around to producing a militia for people to join.
Also, moving civilian self defense off to the Ninth Amendment does not justify violating the right.
Quote:Quote:When we no longer need people to keep muskets in their home, then the Second Amendment has no function ... If the Court had properly interpreted the Second Amendment, the Court would have said that amendment was very important when the nation was new; it gave a qualified right to keep and bear arms, but it was for one purpose only—and that was the purpose of having militiamen who were able to fight to preserve the nation.[219]
- Justice Ginsburg
op cit
This Ginsburg character doesn't know what she is talking about. The Second Amendment is not about need. The Founding Fathers established a clear preference for the militia and a clear requirement that we have one.
As the requirement for the militia has never been removed from the Constitution, it has the same legal force today that it had at the beginning.
hightor wrote:And even under the currently recognized right as an issue of "self-defense" it's hard to see why some 75 year old grandmother in a crack-infested housing project needs an AK 47 and a banana clip or a 50 caliber sniper rifle. Just sayin', you know?
Need has nothing to do with anything. The questions are: "Is there a good reason for restricting this weapon?" and "Is this type of weapon at the very core of the right?"