2nd Amendment Challenge -- DC v. Heller

[Phokaioglaukos]

Interesting discussion about what should be, but constitutional scholars on the right and left, liberal and conservative, upstanding and lying down, are increasingly reaching the conclusion that the Second Amendment protects individual rights. Here how Laurence Tribe from Harvard puts it in a recent WSJ opinion piece: "liberal scholars like me, having studied the text and history closely, have concluded, against our political instincts, that the Second Amendment protects more than a collective right to own and use guns in the service of state militias and national guard units."

He goes on to counsel the Court to take a middle course in the Heller case, simply overturning the DC Circuit's ban on concealable handguns in a densely populated area but avoiding either extreme of holding, on one hand, that no firearms ban could violate the Second Amendment unless it were to prevent states from organizing militias in their collective self-defense or, on the other hand, that the right to bear arms is a right that belongs to citizens as individuals (thus confusing the right to bear arms with a right to own and brandish the firearms of one's choosing). Perhaps the Court will take the middle ground, but I would not count on this Court doing that.

Now, let's continue this either over at http://www.ar15.com or http://www.glocktalk.com!

[Wellardmac]

Well, this comes down to the fundamental ideals behind the drafting of the Constitution and I'll phrase these as questions and let others answer.

i) Was the Constitution drafted as an agreement between the government and the governed?

ii) Was the Bill of Rights drafted to protect the rights of the individual, or the government?

iii) Was one of the founding principles of the country that the individual should be granted the freedom to do as they please as long as they don't harm others?

iv) Was the country founded on the principle that the people should not be afraid of their government and if they were, then they should have the right to abolish that system of government?


Please help me answer those questions and then I'll chime in with what I think the answers are.

BTW, the US Constitution is not the oldest constitution in the world - think Magna Carta.

[AMoore]

BTW, the US Constitution is not the oldest constitution in the world - think Magna Carta.

I had a feeling somebody was going to come back at me with the Magna Carta.

"The Magna Carta was not a constitution or a declaration of human rights. It was nothing more than a treaty between two warring factions‑the barons and King John. It represented the triumph of one faction of the aristocracy over the other, and was designed to benefit the victorious nobles who had rebelled against John by forcing him to negotiate." http://www.iatl.net/deans/81_jurytrial_1.asp

[Wellardmac]

It didn't have the title of a constitution, but it was a constitution in that it was a contract of how a country could be ruled and the relationship of the monarchy with the people.

http://en.wikipedia.org/wiki/Magna_Carta

[dmano]

If I did not carry my 9MM S+W while at work I would have been shot dead at least a dozen times. Because I had my 9 in plain site for everyone to see I was never robbed or had any attempts. I did have a gun fight 4 years ago, with a West Phila. resident. Since I am still standing you can guess who won. Thanks to my GUN 

I also have a M1941 45Cal. , PPKS, M1, M16, Carbine, a good old BBL 12G, and my fav. a full rock and roll B.A.R. for those WW11 fans.

Gun's don't kill people, people kill people, as do cars, deer, Eagle Rays, drunks, terrorist, GW, McDonalds, BK, beer and so on 

[AMoore]

Did Sadaam Hussein have the right to bear arms?hock:

[dmano]

Was he in the USA if he was then yes he did.

[ccm911]

Man dies after an attack in subway
One teen has been charged with murder. Three others are being sought in the beating at 13th and Market.
The most frightening rationale for carrying a gun!  And some politician is expecting us to fend for ourselves when there are animals like this out on the street?  Arm up comrades, no one is looking after our safety anymore.

[dmano]

Thank you......

 

If it were not for my gun, If I had to call the cops I would have been shot dead. Instead I had my gun used it and saved myself and possibly my co-workers from death. The perp who had a gun did not think I had a gun, his mistake, also his mistake that I used it and knew how to use it. He is dead and I am alive that is all that matters.

[ccm911]

You are a true American Hero!!!  Maybe if we had more of you, the slime on the streets would crawl back in the hole from where they came.