General Discussion
In reply to the discussion: Justice Stevens Scolds NRA & Suggests: The five extra words that can fix the Second Amendment [View all]jimmy the one
(2,858 posts)lurkso: while the Heller decision was 5-4, EIGHT of the judges agreed that the 2nd Amendment was an Individual right, they only disagreed on where the line was drawn.
This is baloney lurkso, the decision was 5-4 and the 4 liberal justice's opinions were that being a militia or militia centric right.
I believe this is what you are citing (pg115) and you are dead wrong in your analysis, dead wrong, for justice breyer was NOT contending he believed in the individual rkba, just that it was one of the 4 different modern day interpretations:
justice breyer: In interpreting and applying this Amendment,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... ante, at 1 (STEVENS, J., dissenting).
(2)As evidenced by its preamble, the Amendment was adopted [w]ith obvious purpose to assure the continuation and render possible the effectiveness of [militia] forces. United States v. Miller, ante, at 1 (STEVENS, J., dissenting).
(3)The Amendment must be interpreted and appliedwith that end in view. Miller
(4)The right protected by the Second Amendment is not absolute, but instead is subject to govt regulation.
Breyer is only saying that the above 4 interpretations are what exist today, as being possible modern day thought on the 2ndA, & that the entire court agrees they are modern day thought, but to single out the first proposition & contend that 'the entire court' agrees to that interpretation is false.
Several pro gun posters have tried to pull the same trick which lurksoften is doing in his post, but he & they are wrong, & I wish they'd stop trying to hoodwink people with this misinterpretation & manipulation of what breyer actually said & wrote.