Supreme Court Justice Ruth Ginsburg on the Second Amendment (and Heller a bit)

[X_Digger]

164. It's the bill of right because these are rights that it protects! It's right there in the preamble.

[div class='excerpt']The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.

The Bill of Rights was intended as a 'the government shall not' document- "to prevent misconstruction or abuse of its powers"- not a 'the people can' document. Abuse of whose powers? Declaratory and restrictive clauses against whom?

If the Bill of Rights were a 'granting' of a person's rights, there would be no need for the ninth and tenth amendments ("The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." and "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." respectively.)

(Notice it says 'enumeration', not 'granting', 'creating', or 'conferring'.)

Fucking duh.

You need to go back to 10th grade civics class.

http://www.reviewjournal.com/opinion/few-reminders-constitutionally-challenged

As recent events have clearly amplified, the average American's grasp of the content and purpose of the U.S. Constitution is woefully inadequate and too often inaccurate.

Ask a friend, a family member or a co-worker about the Constitution and what it does. You are likely to be told it grants Americans their rights and assures democratic elections and fair trials, or something along those lines. You'll also learn these things belong only to individual Americans. Foreigners and corporations are not covered.

No Miranda rights for the knickerbomber. Corporations have no free speech rights. Not in the Constitution. Never mind what the Supreme Court ruled in Citizens United v. Federal Elections Commission, saying laws limiting free speech by anyone are tantamount to censorship.
...
The Bill of Rights does not grant rights, either. Those 10 amendments limit the power of government to encroach on the rights presumed to belong to all of us.

http://www.pbs.org/tpt/constitution-usa-peter-sagal/rights/#.VmjTwr99ZmN

What is a right, and where does it come from? A right is a power or privilege that is recognized by tradition or law. Natural or human rights are inherent to human nature; they are not given by government, but neither does government always protect them.