General Discussion
In reply to the discussion: former Chief Justice Burger - individual right to bear arms was “one of the greatest pieces of [View all]AnotherMcIntosh
(11,064 posts)Initially, there is a reference to Burger. Then a quote (which is not supported by any source other than an author writing a column for the NY Times). Then two words which appear to be meaningless. And then a quote.
Burger did not say "Until that time (Heller), legal precedent and conventional wisdom held that the Second Amendment protected only a states right to maintain a militia, and not an individuals right to bear arms independent of the states need for a militia.
The only person who said that is the author of the column. He wrote an anti-gun column. If he could have attributed that statement to former Chief Justice Burger, he would have done so.
Instead, the author wrote a statement, which is quoted in the OP, as indicating that Burger was in agreement with that view.
Did Burger even say, if at all,
"the idea that the Second Amendment protected an individual right to bear arms was one of the greatest pieces of fraudI repeat the word fraudon the American public by special interest groups that I have ever seen in my lifetime.
The author of the column claims that Burger said that. If true, where's the source?
In contrast, the actual reasoning of the Supreme Court can actually be found in the Heller opinion.
http://www.supremecourt.gov/opinions/07pdf/07-290.pdf
In the Heller case, if the District of Columbia had a quote from Burger claiming that the individual-right argument was based upon a fraud, did the Dist of Columbia use it? Somehow, that doesn't seem to be mentioned. Where in the opinion, if any place, can that be found?
Fraud? Yea, maybe.