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In reply to the discussion: For all those "interpreters" of the Second Amendment, here's a question for you: [View all]petronius
(26,696 posts)67. Yes, they all agreed that it protects an individual and not a collective right
From the Scalia opinion (just one sample):
Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation.
From the Stevens dissent:
The question presented by this case is not whether the Second Amendment protects a collective right or an individual right. Surely it protects a right that can be enforced by individuals.
From the Breyer dissent:
I take as a starting point the following four propositions, based on our precedent and todays opinions, to which I believe the entire Court subscribes:
(1) The Amendment protects an individual righti.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred.
(1) The Amendment protects an individual righti.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred.
http://www.law.cornell.edu/supct/html/07-290.ZS.html
The question is the degree to which restrictions and limitations on this individual right are allowed - the Court was unanimous that the right is individual, but 5-4 on whether the D.C. law infringed...
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For all those "interpreters" of the Second Amendment, here's a question for you: [View all]
Playinghardball
Apr 2013
OP
heller only gives you the right to a handgun INSIDE the home. in the heller decision scalia said
leftyohiolib
Apr 2013
#3
Never said it did. It did not, however, link gun ownership to membership in a militia.
hack89
Apr 2013
#4
the 1st part of it does, the 2a doesnt start with '...' it's provisional based on a well-regulated
leftyohiolib
Apr 2013
#7
"Go take it up with five right-wing, GOP-appointed members of the Supreme Court." <--There;
apocalypsehow
Apr 2013
#15
Now the desperate attempt to change the subject. Typical & Textbook. n/t.
apocalypsehow
Apr 2013
#25
Changing the subject is not gonna work: once we get five liberals on USSC, *Heller* is overturned.
apocalypsehow
Apr 2013
#31
Wait, not "see": being on the right side of history means my fellow progressives and I will have to
apocalypsehow
Apr 2013
#43
It's going to be great day when we have five progressives on the high court, and *Heller* is
apocalypsehow
Apr 2013
#47
Weren't there also people who predicted ROE V. WADE was going to get overturned?
derby378
Apr 2013
#88
Oh, it's going to be overturned alright - soon as we get a fifth progressive justice. n/t.
apocalypsehow
Apr 2013
#96
^^^Check this out folks^^^ "you guys" = Liberals and Progressives, Democrats in general.
apocalypsehow
Apr 2013
#113
No, "you guys" is exactly as I stated it above - I've seen your posts on the matter endless times
apocalypsehow
Apr 2013
#129
And you, please, point to where I referred to "you guys" as all liberals/Democrats.
Bake
Apr 2013
#130
And now juvenile name-calling and personal attacks, as the truth proves embarrassing.
apocalypsehow
Apr 2013
#132
But you still can't point to any post of mine where I defended the NRA or assault rifles
Bake
Apr 2013
#133
Whatever you say. Facts say otherwise, however, and you're really not fooling about *anyone*. n/t.
apocalypsehow
Apr 2013
#134
Well, so what? So were Dred Scott and Plessy v. Ferguson. One more progressive justice and Heller
apocalypsehow
Apr 2013
#99
If you don't consider Justice's Sotomayor and Kagan progressives, then I can't help you.
apocalypsehow
Apr 2013
#112
linquistically? wow that's some clutching at straws- it's as if all those words before the
leftyohiolib
Apr 2013
#45
That's about all the "RKBA enthusiast" side has got: twisting of consitutional history and language,
apocalypsehow
Apr 2013
#50
what do they think all those letters in front of 'the right of the people ........" mean?
leftyohiolib
Apr 2013
#57
They try desperately to explain "well regulated militia" away, because it puts paid to the bogus
apocalypsehow
Apr 2013
#104
Wow. I didn't know the National Guard existed when they wrote the 2nd Amendment ...
Bake
Apr 2013
#109
It didn't. But it does now, and is, by law enacted by the people, the new well-regulated militia.
jmg257
Apr 2013
#125
If that were my actual opinion and not your strawman, you might have a point.
Lizzie Poppet
Apr 2013
#74
if they wanted everyone to have guns the 1st part of the amendment wouldnt be there.
leftyohiolib
Apr 2013
#117
Exactly right - it states PRE-CONDITIONS for exercise of the "right," i.e., belonging to a National
apocalypsehow
Apr 2013
#35
Thanks. As I said, only one of those is organized per federal regulations: AKA Well-regulated.
jmg257
Apr 2013
#79
Nope, got it exactly correct, all that meaningless verbiage in your reply notwithstanding. n/t.
apocalypsehow
Apr 2013
#101
No, it was meaningless because it was meaningless. And continues to be. But nice try. n/t.
apocalypsehow
Apr 2013
#116
again - heller only allows you to have a handgun in the home - and again scalia said this doesnt
leftyohiolib
Apr 2013
#39
maybe i misunderstood youwhen you said "It did not, however, link gun ownership to membership in a
leftyohiolib
Apr 2013
#51
What they hang their hat on is five right-wing, GOP-appointed USSC justices. Once we get five
apocalypsehow
Apr 2013
#5
Yes, they all agreed that it protects an individual and not a collective right
petronius
Apr 2013
#67
With the caveat that I am neither an attorney nor a Constitutional scholar, I don't
petronius
Apr 2013
#90
Nope. It was made expressly clear by the progressive justices that they would overturn Heller if
apocalypsehow
Apr 2013
#97
Five progressive/liberal justices = buh-bye, *Heller* mis-ruling. Better get used to it. n/t.
apocalypsehow
Apr 2013
#12
Yep - and as the country is turning "Blue" quite steadily, time is on the side of genuine
apocalypsehow
Apr 2013
#19
Since the President and the party platform say the 2A supports an individual right
hack89
Apr 2013
#21
Five progressive/liberal justices = buh-bye, *Heller* mis-ruling. Better get used to it. n/t.
apocalypsehow
Apr 2013
#26
It's not a matter of "belief," it's a matter of FACTS. So, yeah: that day is coming. Heller will be
apocalypsehow
Apr 2013
#30
You go right ahead and "bookmark" it. Five progressive justices = *Heller* overturned.
apocalypsehow
Apr 2013
#37
Ah, semantics games. Typical. National Guard 2013 = "Militia" 1792. But nice try. n/t.
apocalypsehow
Apr 2013
#13
Yes, but we, the people have decided they prefer a select militia, AKA the National Guard.
jmg257
Apr 2013
#80
I don't claim to speak for the people, I wasn't even alive when those laws were written.
jmg257
Apr 2013
#124
Nope. The 2nd amendment was a collective right given to the states AFTER the Constitution was
apocalypsehow
Apr 2013
#102
Nope, wrong on all counts. But now that you have been schooled on when the Federalist papers were
apocalypsehow
Apr 2013
#111
Speaking of "making stuff up," here's the *ACTUAL* dissent in Heller by the progressive justices:
apocalypsehow
Apr 2013
#114
Have to disagree here. The states already had the power, the duty to maintain militias.
jmg257
Apr 2013
#127
Whatever they and you have done does not trump the natural right to self-defense.
AnotherMcIntosh
Apr 2013
#9
It's been twisted by five right-wing, GOP-appointed justices to mean something it doesn't;
apocalypsehow
Apr 2013
#34
Majority of Americans believe its an invidual right...so does the president and the Democratic party
davidn3600
Apr 2013
#42
Five progressive/liberal justices = buh-bye, *Heller* mis-ruling. Better get used to it. n/t.
apocalypsehow
Apr 2013
#46
As no one has said anything about "confiscating guns" save you, your reply is irrelevant. n/t.
apocalypsehow
Apr 2013
#52
As no one has said anything about "confiscating guns" save you, your reply is *again* irrelevant. nt
apocalypsehow
Apr 2013
#94
Oh, it's going to be overturned alrighty - soon as we get a fifth progressive justice. n/t.
apocalypsehow
Apr 2013
#95
Constitutionally, the states have no more power to disarm the people then the feds do.
jmg257
Apr 2013
#65
OP should consider that constant posting of psycho pictures may encourage others. nt
Eleanors38
Apr 2013
#71
Yep - our "pro gun progressives"* can't come out and OPENLY state their true beliefs on DU
apocalypsehow
Apr 2013
#93