All one needs to do is research the writings of all of the founding fathers to see that they 100% meant the 2nd amendment as a individual right and liberty. Thomas Payne, John Adams, Thomas Jefferson, etc have all written about it. There are also dozens of cases before the Supreme Court that have established that it is indeed an individual right.
The 2nd Amendment being an individual liberty has been established in the following cases:
Houston vs Moore
Scott vs Sandford
US v Cruikshank (an interesting case during reconstruction concerning the disarmament of blacks by the KKK and other racist groups. Earlier, KKK member Cruikshank was prosecuted under the Enforcement act and convicted of conspiring to deprive blacks of their rights they had been granted by the constitution including the right to assemble and the right to bear arms. While the Supreme court found the Enforcement Act unconstitutional it also determined that the right to assemble and the right to bear arms were not rights granted by the constitution but rather they were fundamental human rights that pre-dated the document. In other words, the individual's right to arms is protected by the 2nd amendment but not created by it because it comes from natural law. The 2nd amendment merely protects the right against violations by the federal government but not by private citizens.
Presser v Illinois
Logan v US
Miller v Texas
Brown v Walker
Robertson v Baldwin
Now those are alone only 19th century cases. There were several 20th century cases that viewed the 2nd amendment as an individual liberty.
Indeed the DC gun ban is a violation of those who wish to exercise their right and if I was a betting person I would say the Supreme Court may deliver a 6 to 3 ruling that the gun ban is unconstitutional. From the sounds of it we know the following:
Scalia, Thomas, Alito, and Roberts are on the right side of this issue
Swing voter Kennedy is also on the right side
Amazingly liberal and ACLU attorney Ruth Bader Ginsburg seems to be on the right side of the issue
The other justices are not, including Breyer who got put in his place by Roberts yesterday. Breyer is a very arrogant little sod who has made past crazy comments that the constitution should be subordinated to international law and that it should be a living breathing document. He is absolutely 100% wrong in everything he does while wearing that robe.
Last edited by The WosMan; 03-19-08 at 08:44 PM.
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