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?
The SC analyzed the issues surrounding the wording of the amendment. As far as I know, the majority concluded the wording was consistent with the right of individuals to own personal firearms separate and apart from militias. In your example above you mention an individual's right to free speech as distinguished against the people's right to assemble. I'm not sure I understand your point. In both cases individuals have the right to speak freely and petition the govt (as an individual). You may be trying to make a different point though - not sure.
I haven't read the Heller decision nor the dissent. But what part of the textual/word analyses do you think the majority got wrong? Regarding making new enemies (nra), no thanks. I've made more than enough already on this thread.

















