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jody

(26,624 posts)
5. 2A is about an individual's RKBA for self defense. Congress has all the authority it needs for the
Tue Dec 18, 2012, 02:02 PM
Dec 2012

militia in Article I, Section 8, clauses 15 & 16.

SCOTUS acknowledged in Heller both opinion and dissent that individuals have a natural, inherent, inalienable/unalienable right to keep and bear arms for self-defense.

The main difference was the opinion said that right was in the Second Amendment and the dissent disagreed but recognized the right in the extract below.

The dissent by recognizing the right but asserting it was not an enumerated right protected by the Second Amendment meant the right was an unenumerated right protected by the Ninth Amendment.

The parallels between the Second Amendment and these state declarations, and the Second Amendment ’s omission of any statement of purpose related to the right to use firearms for hunting or personal self-defense, is especially striking in light of the fact that the Declarations of Rights of Pennsylvania and Vermont did expresslyprotect such civilian uses at the time. Article XIII of Pennsylvania’s 1776 Declaration of Rights announced that “the people have a right to bear arms for the defence of themselves and the state,” 1 Schwartz 266 (emphasis added); §43 of the Declaration assured that “the inhabitants of this state shall have the liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed,” id., at 274. And Article XV of the 1777 Vermont Declaration of Rights guaranteed “[t]hat the people have a right to bear arms for the defence of themselves and the State.” Id., at 324 (emphasis added). The contrast between those two declarations and the Second Amendment reinforces the clear statement of purpose announced in the Amendment’s preamble. It confirms that the Framers’ single-minded focus in crafting the constitutional guarantee “to keep and bear arms” was on military uses of firearms, which they viewed in the context of service in state militias.
Tyranny: An organized effort to end slavery as a cherished tradition and way of life. Loudly Dec 2012 #1
After Kent State riqster Dec 2012 #2
I was thinking along the same lines KansDem Dec 2012 #3
It's a stupid, paranoid argument. The best control against bad gov't is voting. Bucky Dec 2012 #4
2A is about an individual's RKBA for self defense. Congress has all the authority it needs for the jody Dec 2012 #5
No, actually, it isn't Spider Jerusalem Dec 2012 #8
Thanks for your opinion but DC v Heller defines the law and 2A is about individual self-defense. Get jody Dec 2012 #9
Until such a time as it's reviewed by a later Court decision. Spider Jerusalem Dec 2012 #10
Dissents by Stevens & Breyer cite PA(1776) & VT(1777) constitutions that declare natural, inherent, jody Dec 2012 #11
You're extremely wrong Spider Jerusalem Dec 2012 #12
Read the PA & VT constitutions that use those words. Stevens acknowledged those constitutions. jody Dec 2012 #15
No, actually, it isn't Spider Jerusalem Dec 2012 #18
What do you mean with your general statement "No, actually, it isn't"? nt jody Dec 2012 #19
"isn't indisputably an inalienable right". Spider Jerusalem Dec 2012 #20
I believe McDonald v. Chicago did incorporate the Second in the Fourteenth, see wikipedia jody Dec 2012 #22
I guess Marinedem Dec 2012 #6
That doesn't hold any water. DetlefK Dec 2012 #7
You make the assumption that elections will always be fair Xithras Dec 2012 #16
Morality and legality aren't the same. DetlefK Dec 2012 #21
That's how this country was formed, though. It's hard to reconcile. nt Romulox Dec 2012 #13
Don't forget reason #2 the coming race war. Ganja Ninja Dec 2012 #14
They need reminded that Red Dawn is not a documentary. n/t cynatnite Dec 2012 #17
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