In his scholarly decision, Gerstein adopts the view that the Second Amendment was enacted to protect of state militias from the federal government and not to declare the individual’s right to possess arms. With the disappearance of state militias, courts have generally held, the purpose of the Second Amendment is moot. Parker is "founded on a revisionist view of the Constitutional Convention, which view is far from generally accepted," said Gerstein.
More likely, Gernstein is just another in a long train of black-robed subversives bent on undermining the Natural Rights of his victims.
What is "generally accepted" today is very different than what was "generally accepted" by the Framers. Thanks in no small part to damage done over the years by despicable revisionists like Judge Gernstein.
One other thing this case illustrates is the folly of avoiding Second Amendment challenges by our "gun rights leaders." Anybody can claim a 2A defense. Is that the case we want moving forward, or would it best serve our interests to have one carefully crafted with all the resources and scholarship that can be mustered to increase the likelihood of a successful outcome?
[Via 1894C, via Alphecca]
The way of a fool is right in his own eyes: but he that hearkeneth unto counsel is wise. (Proverb 12:15)
ReplyDeleteIn those days there was no king in Israel: every man did that which was right in his own eyes. (Judges 21:25)
How many quotes can we garner from the Founders that state they intended for every man to be armed? Moreover, that the militia was and is the "whole body of the people?"
Oh, and how about the Dick Act that defines the unorganized militia as every male between the ages of 18 and 45 who is NOT in the active military or National Guard?
It's funny (and not "ha-ha") that we have king in the form of the Constitution and it has a vast body of documented support as to how it is to be interpreted and how the Second Amendment is to be viewed. And yet, this judge does what is right in his own eyes and a State Supreme Court justice agrees!
What a bunch of fools.
Article 1, section 10,
ReplyDelete...
No state shall, without the consent of Congress, ... keep troops, or ships of war in time of peace,
Phillep