Gun Control & RKBA
In reply to the discussion: Does the Second Amendment belong in the Bill of Rights? Why or why not? [View all]discntnt_irny_srcsm
(18,479 posts)I have read the dissent by Justice Stevens a few times. I do truly have respect for his opinion.
I will explain my issues:
First, Justice Stevens makes the point that "...It (the 2A preamble) identifies the preservation of the militia as the Amendments purpose...". I believe most everyone accepts this as a purpose of the 2A, I and maybe many others do not constrain a right to keep and bear arms to that purpose ONLY.
I consider the effort of interpreting the actions of the founders and ponder not only scope and goal of applications of the 2A but also the problems of the day that compelled the Founders to write it as they did. The new federal government was viewed with suspicion as were the governments of other nations. Kings, along with their supporting governments, were viewed as tyrants. A federal government was a compromise to be controlled and restrained.
Second, Stevens writes, "The Court also overlooks the significance of the way the Framers used the phrase the people in these constitutional provisions...". While Marbury v. Madison establishes that each clause within the Constitution has significance, I have not seen compelling argument that individual terms and phraseology can held as overly limiting to an expressed thought. Marbury v. Madison does not ascribe to single words the basis to reinterpret a clause with meaning beyond a single purpose within the Constitution. If we accept that the purpose of the 2A is to "...preserve the militia..." how is it reasonable to infer that the RKBA, which in Heller, the entire court has unanimously accepted as an individual right, has entirely as its purpose, the preservation of the militia?
In almost all circles people accept that the Bill of Rights enumerates and protects certain rights. The very nature of the 10A acknowledges that the BoR is not and should never be construed as limiting of rights. How is it reasonable to expect that the 2A defines completely the scope of the right and not just the scope of the amendment?
Finally, THANK YOU again, in capital and bold font for this exchange.
Have a great day.