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todays ruling
KEVD18
Member Posts: 15,037
i have nothing to add. but it would seem that everybody else is starting a thread to boost their post counts so i figured id join in.
feel free to inundate this thread with useless posts to boost your count.
feel free to inundate this thread with useless posts to boost your count.
Comments
Herewith are some quotes culled from the decision;
Opinion of the Court
c. Meaning of the Operative Clause.
Putting all of these textual elements together, we find that they guarantee
the individual right to possess and carry weapons in
case of confrontation. This meaning is strongly confirmed
by the historical background of the Second Amendment.
We look to this because it has always been widely understood
that the Second Amendment, like the First and
Fourth Amendments, codified a pre-existing right. The
very text of the Second Amendment implicitly recognizes
the pre-existence of the right and declares only that it
"shall not be infringed." As we said in United States v.
Cruikshank, 92 U. S. 542, 553 (1876), "[t]his is not a right
granted by the Constitution. Neither is it in any manner
dependent upon that instrument for its existence. The
Second amendment declares that it shall not be infringed
. . . ."16It was, he said, "the natural right of resistance and selfpreservation,"
id., at 139, and "the right of having and
using arms for self-preservation and defence," id., at 140;
In 1825, William Rawle, a prominent lawyer who had
been a member of the Pennsylvania Assembly that ratified
the Bill of Rights, published an influential treatise, which
analyzed the Second Amendment as follows:
"The first [principle] is a declaration that a well
regulated militia is necessary to the security of a free
state; a proposition from which few will dissent. . . .
"The corollary, from the first position is, that the
right of the people to keep and bear arms shall not be
infringed.
"The prohibition is general. No clause in the constitution
could by any rule of construction be conceived
to give to congress a power to disarm the people. Such
a flagitious attempt could only be made under some
general pretence by a state legislature. But if in any
blind pursuit of inordinate power, either should attempt
it, this amendment may be appealed to as a restraint
on both." Rawle 121-122.20
It may be objected that if weapons that are most useful
in military service-M-16 rifles and the like-may be
banned, then the Second Amendment right is completely
detached from the prefatory clause. But as we have said,
the conception of the militia at the time of the Second
Amendment's ratification was the body of all citizens
capable of military service, who would bring the sorts of
lawful weapons that they possessed at home to militia
duty. It may well be true today that a militia, to be as
effective as militias in the 18th century, would require
sophisticated arms that are highly unusual in society at
large. Indeed, it may be true that no amount of small
arms could be useful against modern-day bombers and
tanks. But the fact that modern developments have limited
the degree of fit between the prefatory clause and the
protected right cannot change our interpretation of the
right.