Gun Control & RKBA
In reply to the discussion: Replacing white people to kill gun rights [View all]jimmy the one
(2,717 posts)Surf Fishing Guru: * Supreme Court, 1876: ..The second amendment declares that it shall not be infringed, . . ."
Supreme Court, 1886: ..The Second Amendment declares that it shall not be infringed,
Supreme Court, 2008: "it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right.
surf fishing guru: .. the only thing that can be taken away from a reading of the 2nd Amendment is that the 2nd Amendment declares that "it" shall not be infringed. The "it" is of course, is "the right of the people to keep and bear arms". Those are the only words that can legitimately be given "full effect".
Gong, Wrong. It's the 'right of the people to keep & bear arms' while in militia, is what the 'it' is.
And you missed one relevant supreme court 2ndA case, 1939 miller. How in the world did you miss Miller 1939? were you unaware of 1939 miller case? are you then a novitiate at this?:
supreme court, 1939: The Constitution, as originally adopted, granted to the Congress power -- To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
With obvious purpose to assure the continuation and render possible the effectiveness of such {militia} forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.
Oh wait, I think I see why you missed 1939 miller. It contained more clarity than cruikshank & presser, and isn't far rightwing ideology as scalia subverted 2ndA in 2008.