Our latest Talkin' to America interview with Edwin Vieira, Jr. author and attorney, will give you a different perspective on the Heller case.
Go and give it a listen.
I hear what the guy is saying, but I just don't see how focusing on the militia clause as the guarantee to keep arms can then be employed as a guarantee to bear them outside of being mustered.
I sure wish somebody a lot more educated than I'll ever be about these things would address the legal contentions raised.
[Via Ron W]
Who chose the word "theory" in the title?
ReplyDeleteMy non-lawyer opinion is that just as the First Amendment protects several rights from government meddling, the Second protects both the right to form a militia and to own and to carry weapons.
ReplyDeleteI agree with Kent. The 2nd mandates a militia and protects an individual right to keep and bear arms.
ReplyDeleteWe have an unalienable right of self defense regardless of 2A. This is protected from the US Govt via the 9th Amendment.
David,
ReplyDeleteAs far as the bearing aspect goes, EMTs are expected to keep a jump bag near at hand at all times, what about volunteer firemen? Thus, there is modern precedent for a militia member keeping firearms near at hand. Heck, an emergency calling for the muster of the militia could occur at any time. Sadly, by focussing on the militia aspect you are failing those who do not fall into the militia classification. Which as I recall are males under 18 and over 45 (I think) as well as women. The thing is, this bloody sentence was not written by men any better educated than you, and it was not meant ot be interpreted by better educated men. The people who keep arguing about what it says just don't like what it clearly states and are trying to subvert it.
Gregg, you are right.
ReplyDeleteSam Wilson
"Reread that pesky first clause of the Second Amendment. It doesn't say what any of us thought it said. What it says is that infringing the right of the people to keep and bear arms is treason. What else do you call an act that endangers "the security of a free state"? And if it's treason, then it's punishable by death.
ReplyDelete"I suggest due process, speedy trials, and public hangings."
-- L. Neil Smith
Hugh Hewitt's radio show has a segment on this with 2 law school deans, one left, one originalist. Very intersting. Bottom line from the originalist: individual right will be upheld; the question is "fundamental right" like free speech and thus all challenges subject to strict scrutiny, or ordinary right and much more room for government to restrict.
ReplyDeleteYeah, GOP Kool-Aid dispenser Hewitt has been pushing "intermediate scrutiny" for some time and I wrote on that a while back.
ReplyDeleteThey will only get away with that if we accept it. With the scraps of freedom most republicans in general and gun owners in particular seem grateful to lick off the floor, it will not surprise me that most will trumpet that as some great victory.