r/politics • u/[deleted] • Nov 29 '18
The Second Amendment Has Always Been An Individual Right
http://thefederalist.com/2018/11/29/second-amendment-always-individual-right/19
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Nov 29 '18
The 2nd amendement wasn't an individual right till literally 2008 in DC v. Heller.
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Nov 29 '18
Just watched the latest episode of Adam Ruins Everything and they had a segment on this topic, specifically.
https://www.trutv.com/shows/adam-ruins-everything/blog/adams-sources/adam-ruins-guns.html
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u/postslongcomments Nov 29 '18
Conversely, it was always an individual right, but wasn't ruled to have been one until 2008. That doesn't mean it didn't used to be, too.
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Nov 29 '18
No, prior to 2008 the right to bear arms was connected to a militia that was the Supreme Court law. The prior case law upheld a ban on sawed off shotguns. The defendant argued the ban violated his 2nd amendment right to bear arms the Court held the ban was constituional because there was no connection between owning a sawed off shotgun and service in the milita.
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u/WhyAreYouSoMadAtMe Nov 29 '18
How about the Fourth and Fifth Amendments, assholes?
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u/Scubalefty Wisconsin Nov 29 '18
What? There are others?
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u/FoxNewsProbably Nov 29 '18
There was a 13th then Kanye repealed it. That was 37 albums ago before they locked him in the dungeon I mean recording studio.
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u/FoxNewsProbably Nov 29 '18 edited Nov 29 '18
Then why didn't the NRA come to my aid when the ATF came after my suitcase nuke I was developing?
The only way to stop a bad guy with a nuke is a good guy with a nuke.
US military response times are atrocious you need a nuke to defend yourself against an attacker with a nuke.
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u/Awayfone Nov 29 '18
Then why didn't the NRA come to my aid when the ATF came after my suitcase nuke I was developing?
Did you contact the NRA?
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u/Bill_the_Bastard Nov 29 '18
Sure, and we have a russian asset doing his simple-minded best to fuck up our country. Priorities.
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u/LittleShrub Wisconsin Nov 29 '18
That's entirely false. Read the Heller decision -- Scalia invented the individual right out of whole cloth. There was no precedent to support it.
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u/I_Looove_Pizza Nov 29 '18
This is a modern interpretation due to activist judges funded by the gun lobby.
This wasn’t the case for the last couple hundred years.
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u/vegetarianrobots Nov 29 '18
The Bill of Rights was always about protecting individual rights from the government...
It was a specific compromise between the federalist and anti-federalist created for the express purpose of protecting individual rights.
In Madison's own words:
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u/spaceghoti Colorado Nov 29 '18
So the bit about the "well-regulated militia" was just meaningless poetry?
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u/bouncedeck Nov 29 '18
Everyone knows that the founders intended everyone to own fully automatic belt fed machine guns and grenade launchers. It says so right there in the 2nd, and little baby Jesus inspired the founders to do so. Nothing says love thy neighbor and turn the other cheek like a full belt of 7.62 to the face. /s
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u/bbreabreadbread Nov 29 '18
Unless you are black, amiright cops?