Thursday, June 26, 2008
More from Heller
From page 11, refuting that the right is limited to 18th century weaponry:
From page 30, on why the right is not tied to membership in the/a militia:
Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.
From page 30, on why the right is not tied to membership in the/a militia:
If, as they [the District of Columbia] believe, the Second Amendment
right is no more than the right to keep and use weapons as a member of an organized militia, see Brief for Petititioners 8—if, that is, the organized militia is the sole institutional beneficiary of the Second Amendment’s guarantee—it does not assure the existence of a “citizens’ militia” as a safeguard against tyranny. For Congress retains plenary authority to organize the militia, which must include the authority to say who will belong to the organized force...
Thus, if petitioners [the District of Columbia] are correct, the Second Amendment protects citizens’ right to use a gun in an organization from which Congress has plenary authority to exclude them. It guarantees a select militia of the sort the Stuart kings found useful, but not the people’s militia that was the concern of the founding generation.
Labels:
2nd Amendment
Subscribe to:
Post Comments (Atom)
Always sniffing for the truth
Contributors
Links
- Love and Lunchmeat
- Long Island Prepper
- Fredo's Mets Blog
- Continental Sausage
- Human Events
- Maker's Mark
- Michelle Malkin
- National Review
- Newt Gingrich
- NRO
- Pro Ecclesia
- Ralfy's Whisky Reviews
- Red Albany
- Res Publica et Cetera
- Sour Mash Manifesto
- Straight Bourbon
- Taki Mag
- The American Conservative
- The American Spectator
- The Anchoress Online
- The Politico
- The Weekly Standard
- Wild Turkey Bourbon
Blog Archive
-
▼
2008
(731)
-
▼
June
(91)
- The Politico: Romney's at top of the short list
- Woodford Reserve and Cheezits
- And people say Halo is a waste of time...
- I Love Those Straight Talkin' Texans
- Last thoughts on Heller for today:
- Machine guns/Advanced weaponry not protected, acco...
- More from Heller
- From the Opinion of the Court
- Heller affirmed
- Polls, polls, and more polls
- 1792
- Line Change!
- Veep Watch: Dark Horse edition
- Some encouraging poll numbers
- Obama as Energy Policy's "Dr. No"
- Energy
- Germany steps up
- Heller is coming tomorrow at 10 AM
- Robert Stacy McCain (no relation to John) is one s...
- Dobson slaps down O
- Stack-A-Lee
- More on the Volt
- The Law of Household Economics
- Obamanation
- Iraq
- You have got to be $#!tting me
- Can someone please stifle Karl Rove?
- McCain energy ad
- Survey USA Poll Dump
- A little questionnaire from Race 4 2008
- Still waiting on Heller, but with good reason for ...
- What McCain needs to do
- Hunting Meeting
- Social Security
- The Most Compelling Case for Light Beer You'll Eve...
- A Man's Sandwich
- McCain: Obama is wrong and also clueless
- Foreign or Gay?
- Bacon Wrapped Bacon
- QPac poll
- Bonanza o' campaign happenings
- So much for change
- The "Now Pouring" sidebar pic
- OccObs Quick Quiz
- Times weren't always this good for OccObs contribu...
- A little R&R for Hillary
- Chalk another one up
- Hey, look who's joined the OccObs party
- The 'Bama Bounce, continued...
- Interesting poll
- Sorry to be the bearer of dung piles
- Oh man, that's a dude!
- Talk about misleading
- Another winning NRO blog
- VP
- Confronting EnviroAlarmism Head-On
- Happy Father's Day
- You couldn't make this stuff up
- When it rains it pours.
- Obama, the change candidate
- Excellent new political blog, w/ article analyzing PA
- 1000!
- 999
- Dreadful polling numbers
- So much for McCain/Powell
- Just Because Caribou Express Loves Talking About I...
- More on Boumediene
- A bad day for our country; a wake-up call for voters
- Another Day in the Life
- Finally! Some campaign sanity from the GOP caucus
- Classic Reagan
- Why Some People Hate On the 2nd...
- More Veepstakes, this time from Hewitt
- Confidence is high, repeat, confidence is high
- Be very afraid
- Let's Start from the Beginning, Shall We?
- Welcome, SingleWing
- Picture day at Occ Obs
- Rudy Republicans take heart!
- "Objective" media
- An inconvenient truth
- Charity
- ManBeast Footage
- CNN shows its true colors
- One for DC
- Where's the Pepto?
- I know it's early, but...
- A touch of country music- Updated
- A New Look
- The Old Pros at Occ Obs
- Is somethin' juicy a-brewin'?
-
▼
June
(91)
0 comments: