Zonkerbl wrote:payitforward wrote:popper wrote:...It's certainly possible that I misunderstood cammac's intended meaning. I too suspect he is French Canadian and that might explain some of the communications disconnect.
Yes I've read the Constitution many time. Years ago I even took a semester course on it. No I can't quote the second amendment by heart. I'm old PIF. Sometimes I can't even remember the names of my nieces and nephews. I will read everything you linked to once my out of town guests depart. Yes there are SC decisions that I disagree with.
Old? You don't know from old, Popper. I'm way older than you. By the time you look at those links I gave you, I'll have forgotten I ever linked to them!
Here is the entirety of the Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
There was no intention of any kind in respect to an individual. The founders knew how to write, they knew the phrase "an individual" for example. The "right" they discuss is a right of "the people" as a whole.
Again, I don't mean that the founders didn't think individuals should be able to own guns -- the need for that at the time was so obvious that it was not worth mentioning! Nor, once again, would they even have been able to imagine e.g. a multi-shot repeating rifle -- let alone an attack weapon of the kind the NRA would now like you to think it should be your right to carry around.
To get what I mean a little more clerly, e.g. take a look at the First Amendment. It reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
The framers considered "freedom of speech" a different matter from "the right of the people peaceably to assemble...." Every individual has "freedom of speech." The other is a "right of the people" -- it is in respect of something they would do together. As a people, in their free states (the ex-colonies) they have the right to form militias (i.e. "to keep and bear arms"). & as a people, they have the right to peaceably assemble.
The framers felt they needed to articulate the freedom of an individual ("freedom of speech") & also the related freedom "of the people" ("the right of the people peaceably to asemble, etc.").
So, if you really do want the Constitution to be interpreted based on original intention, I'm afraid you are going to become an enemy of the NRA, aren't you?
Interesting. So you're saying you either believe in the 2nd amendment, as currently interpreted, and that the Constitution is a living document. Or you believe in original intent of the founding fathers, in which case it's perfectly legal to ban guns not typically used by a militia, i.e. everything but muskets.
One could take it in that direction. But, I had two other points in mind, the second of which bears on this claim.
My point #1 is that most quasi-theoretical stuff about the Constitution resolves to what the person *wants* to see in the world: you want guns in everybody's hands (at least everybody who wants one), then you'll find a way to view the Constitution that supports your desire. That's way over-simplified of course -- but even put as baldly as that it covers a lot of so-called "Constitutional" thinking.
Point #2 is that in the First Amendment the framers outlined two kinds of "right" -- an individual right (which every person holds simply by virtue of being an individual) & a second kind of right a "right of the people." That they make this distinction can't be missed; it is clear in the language of the amendment (though I wouldn't say that the
terms of the distinction are equally clear). Then, in the Second Amendment the framers explicitly call "the right... to bear arms" a right of that second kind, a "right of the people" & not, therefore, an individual right.
IOW, the right to bear arms is not an individual right like free speech; it's a right of the people like the right to peaceably assemble. I can't see any way to doubt this from the language of the amendment. Especially given that the Second Amendment was written at the same time as the First & as part of the same project on Jefferson's part to establish a "Bill of Rights" (i.e. the full menu).
Am I therefore saying, as you put it, that the Constitution makes it "perfectly legal to ban guns not typically used by a militia, i.e. everything but muskets"?
A person could easily claim that was entailed by the point I make just above. But, I don't think the claim would be valid.
It would be simpler & truer to say that the issue of an individual owning a gun -- ok or not ok? -- was completely invisible to the framers. Few people lived in cities; most people lived off the land. A gun was something a person had as a necessity not a right. It was more like a hoe or a hammer or a cooking pot than the way we think of guns now.
Did the Constitution need to establish the specific "right" of an individual to own a hoe? Obviously not.
But, of course, conditions have changed and what "a gun" is has changed. To me at least it seems obvious that there is no constitutional barrier to regulating gun ownership.