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In reply to the discussion: so people didn't get my post about guns [View all]Major Nikon
(36,925 posts)33. Depends on if you subscribe to Scalia or Souter/Breyer/Ginsburg/Stevens school of thought
Justice Stevens, with whom Justice Souter, Justice Ginsburg, and Justice Breyer join, dissenting.
Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislatures authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.
...
To keep and bear Arms
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the right to keep and bear arms protects only a right to possess and use firearms in connection with service in a state-organized militia.
Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislatures authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.
...
To keep and bear Arms
...
the right to keep and bear arms protects only a right to possess and use firearms in connection with service in a state-organized militia.
http://www.law.cornell.edu/supct/html/07-290.ZD.html
Justice Breyer, with whom Justice Stevens, Justice Souter, and Justice Ginsburg join, dissenting.
...
The second independent reason is that the protection the Amendment provides is not absolute. The Amendment permits government to regulate the interests that it serves. Thus, irrespective of what those interests arewhether they do or do not include an independent interest in self-defensethe majoritys view cannot be correct unless it can show that the Districts regulation is unreasonable or inappropriate in Second Amendment terms. This the majority cannot do.
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The second independent reason is that the protection the Amendment provides is not absolute. The Amendment permits government to regulate the interests that it serves. Thus, irrespective of what those interests arewhether they do or do not include an independent interest in self-defensethe majoritys view cannot be correct unless it can show that the Districts regulation is unreasonable or inappropriate in Second Amendment terms. This the majority cannot do.
http://www.law.cornell.edu/supct/html/07-290.ZD1.html
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Depends on if you subscribe to Scalia or Souter/Breyer/Ginsburg/Stevens school of thought
Major Nikon
Dec 2012
#33
You've got that right. Former Justice Stevens did all but come right out and say this
byeya
Dec 2012
#35
Mustard gas has never been in general use by civilians, though it is easy to make
ProgressiveProfessor
Dec 2012
#39
Because we don't want to look at the source of the problem. Because ranting about a simplistic
Egalitarian Thug
Dec 2012
#23
Thanks. My real worry is that the outrage of the moment will instigate actions that will destroy
Egalitarian Thug
Dec 2012
#54
The only thing on Friday the handgun ban maybe would have stopped was the suicide
Marrah_G
Dec 2012
#46