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Since Heller & McDonald confirmed that it is an INDIVIDUAL'S right to "keep" a firearm, how could the 9th Circus ignore the "bear" part? Were they thinking of Yogi & Boo-Boo?
Do they not understand what "shall not be infringed" means?
The Federal constitution does not put any limitations on state government unless 1) the state-level application is explicitly stated in the constitution itself or 2) the courts have used the wording in the 14th amendment to recognize specific rights that must be recognized by the states.
The right to "keep" arms and "bear" them in private for the purpose of self defense was incorporated by Chicago v. D.C.. The right to "bear" arms in public for the purpose of self defense has not been incorporated as a full and inviolable right. Each right is separate. The first amendment alone took a half dozen court cases to finally get all of it covered.
Originally Posted by jwkilgore;44367664...
The right to "keep" arms and "bear" them in private for the purpose of self defense was incorporated by [B
Chicago v. D.C.[/b]. The right to "bear" arms in public for the purpose of self defense has not been incorporated as a full and inviolable right. Each right is separate. The first amendment alone took a half dozen court cases to finally get all of it covered.
Oops... I meant McDonald v. Chicago and Heller v. D.C.
I base this on the historical and social context of 18th century America - remember, all individual adult males in that time were required to join their state militia.
Overall, it is pretty clear to me that the Second Amendment preserves both an individual right to keep and bear arms as well as a collective right to self-defense for the People.
What do you all think?
Of course it is, and that's always been straightforward to me.
The Second Amendment asserts that the right of the people to keep and bear arms shall not be infringed--for the reasons you mentioned.
I also believe that it was the intent of the Founding Fathers to clarify that the right to bear arms was for the purpose of armed rebellion in defense of freedoms should the need arise. The right to self defense and hunting were considered axiomatic, which is why they did not deem it necessary to mention.
I do notice how liberals and courts like to use the quotes and writings of Jefferson to limit the seperation of church and state, but do not use his quotes and writings when it comes to the 2nd Amendment.
I do notice how liberals and courts like to use the quotes and writings of Jefferson to limit the seperation of church and state, but do not use his quotes and writings when it comes to the 2nd Amendment.
Jefferson did not, however, envision the Bill of Rights being pressed upon the States, and in fact it was not. The Supreme Court rebuffed such attempts for over half a century--not permitting any Amendment to be applied to the States until after the Civil War. Even since then, the Bill of Rights has been applied to the States in piecemeal, one at a time--and isn't fully applied even yet.
In fact, the 2nd Amendment was not actually applied to the states by the Supreme Court until a few years ago.
Until then, it would have been entirely constitutional for a state to adopt a weapons law exactly like Switzerland's.
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