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Reply #38: You have it exactly backwards [View All]

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TPaine7 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-14-09 05:34 PM
Response to Reply #34
38. You have it exactly backwards
Edited on Sun Jun-14-09 06:19 PM by TPaine7
The Second Amendment expressly omits such a right, and the Fourteenth Amendment in no way changes that.

The Bill of Rights does not "expressly omit" rights. It expressly forbids government meddling in certain areas. You are operating yet again from the false premise that the government "grants" rights.

Even if it were true that the Second Amendment granted rights to states to have militias while "expressly omitting" a personal RKBA, the Fourteenth Amendment would have changed that. You see, the non-personal bearing of arms took place in state militias. But the Fourteenth Amendment expressly gave Congress the authority to enforce the RKBA against the states. It is impossible to enforce a "states right" against the state. Hence, after the Fourteenth Amendment at the very least, RKBA is not a collective states right.

And the case that has sometimes been made that the Second Amendment protects an individual right to join a constitutional militia is simply revisionism.

But I notice that you are carefully avoiding several pertinent issues.

1) The fact that the language of the 14th Amendment explicitly recognizes the "privileges and immunities" of individual citizens, one of which is clearly the right to keep and bear arms.
2) The fact that the Framers of the amendment explicitly said that the Amendment enforced the individual's RKBA against the states
3) The fact that your source clearly supports the above.

Would you care to address any of these facts directly?
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