What the antis disparage as “weapons of war” are precisely what “We the People” are entitled to have. That’s why the militia was deemed “necessary to the security of a free State” by the Founders. [More]
As Tench Coxe reminded us, "Their swords, and every other terrible implement of the soldier, are the birthright of an American..." You'd think an "originalist" would have known that.
4 comments:
"'weapons that are most useful in military service’—which the Heller Court singled out as being beyond the Second Amendment's reach."
I didn't read that in the Heller decision. Can you point it out to me where Scalia said that?
In fact, during oral arguments, Scalia pointedly asked the Solicitor General if the M-16 was NOT protected by the Second Amendment, as per Miller. The Solicitor General slimily declined to respond directly to the question, saying that "scope" was not what they were there to argue. If I remember correctly, Scalia's response was something like, "That's what I thought you would say."
Longbow
The quote you're citing came from the 4th Circuit Judge King.
If the Federal Government were full of people who believed in the Second Amendment as intended by the Founders, i.e. as a massive reset button available to the populace, you could pretty much assume that it would not be needed. But as the government slides farther and farther away from what it was intended to be, the number of people in the government who feel the Second Amendment to either be obsolete or something that must be repealed will increase.
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined.... The great object is that every man be armed. Everyone who is able might have a gun."
- Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778
Many believe Scalia wrote what he did to convince Kennedy to join the majority so it would be 5-4.
Later, after Kennedy retired, Scalia would follow up and 'clarify' the opinion.
Guess he didn't count on dying.
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