Author Topic: WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT  (Read 369 times)

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Offline FWiedner

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WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT
« on: February 01, 2005, 10:46:15 AM »
At the suggestion of Mr. alsatian, a must read!

Link below to the text of the August 24, 2004 DOJ memorandum:

Conclusion

     For the foregoing reasons, we conclude that the Second Amendment secures an individual right to keep and to bear arms. Current case law leaves open and unsettled the question of whose right is secured by the Amendment. Although we do not address the scope of the right, our examination of the original meaning of the Amendment provides extensive reasons to conclude that the Second Amendment secures an individual right, and no persuasive basis for either the collective-right or quasi-collective-right views. The text of the Amendment's operative clause, setting out a "right of the people to keep and bear Arms," is clear and is reinforced by the Constitution's structure. The Amendment's prefatory clause, properly understood, is fully consistent with this interpretation. The broader history of the Anglo-American right of individuals to have and use arms, from England's Revolution of 1688-1689 to the ratification of the Second Amendment a hundred years later, leads to the same conclusion. Finally, the first hundred years of interpretations of the Amendment, and especially the commentaries and case law in the pre-Civil War period closest to the Amendment's ratification, confirm what the text and history of the Second Amendment require.


http://www.usdoj.gov/olc/secondamendment2.htm
They may talk of a "New Order" in the  world, but what they have in mind is only a revival of the oldest and worst tyranny.   No liberty, no religion, no hope.   It is an unholy alliance of power and pelf to dominate and to enslave the human race.

Offline williamlayton

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WHETHER THE SECOND AMENDMENT SECURES AN IND
« Reply #1 on: February 01, 2005, 10:45:43 PM »
FW-
Just some quick musings/questions/consternations.
Common practice-I did not see any argument in which "the common practice is" used as argument or defense. I read that this is implied as defense of bearing, keeping.
Which would lead to the thought question--Is their any weight allowed for interpretation by use of what has historically been allowed ?
It seems to be alluded to as argument but I do not see this as being expressly defined or used.
I could be wrong and just missed it.
Common practice has long been used in defense or interpretation of many case law questions.
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