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View Diary: SCOTUS Is A Political Institution (97 comments)

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  •  Interesting .... (0+ / 0-)
    The current SCOTUS has interpreted the 2A as encoding an individual right to keep and bear arms, unconnected to military service.
    This seems to be at the crux of the whole debate.  I read the items in the BOR to be individual, rather than collective rights.  Ergo the frequent references to "the people".  I just don't see how a valid claim can be made that the 2nd is different.  Looking at it from the 21st century, the militia clause seems to be unfortunate and creates a lot of controversy.  Undoubtedly it was crystal clear to the authors.  I think the historical writing analysis on the use of explanatory clauses in legal doctrine provides the most likely interpretation.  In which case, it provides support and justification, not constraint.  

    On a similar note, claiming that the 2nd says one can bear 17th century weapons, as is commonly claimed, doesn't make sense because by the same token, only "speech" written with goose quill pens would be protected.  An idea that is clearly absurd.

    The 2A could be amended or repealed and the individual RKBA would live  ...
    The Federal 2A being incorporated to the States gives each of these States doctrines more strength.  It also provides a default 2nd-A in states that don't have one explicitly declared.
    By "Second Amendment claim" I understood you to mean a challenge to any law claiming that it imposes an unconstitutional restriction on the individual right to keep and bear arms.
    This is the front line of the debate today.  What constitutes "reasonable" restrictions.  As with the old saying, one man's trash is another man's treasure.  The same thing applies, one person's reasonable is another person's outrageous.  

    This is also a subject that shows a lot of regional and geographic disparity.  As well as the urban/rural divide.  To me it makes a strong case for leaving the definition of restrictions to the individual states with the Federal level defining the lowest common denominator.  

    "It's not surveillance, it's data collection to keep you safe"

    by blackhand on Mon Apr 14, 2014 at 11:13:52 AM PDT

    [ Parent ]

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