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The
Below Comments Relate to this Newslink:
MT: 2nd Amendment restricts government
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Regardless of where one stands on gun control, we should see the prerogative of gun regulation resides in the statehouses, not the White House. The president certainly can use his "bully pulpit" to solicit legislation through the states. But Montana officials should remind the president and Congress the Second Amendment is a stern restriction on them. |
| Comment by:
PHORTO
(3/27/2021)
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The writer arrives at the right conclusion, but his analysis is only partially accurate.
He is correct that the 2A was intended for the purpose he indicated. However, that is merely the purpose the right is enshrined in writing. The right and the purpose for its enumeration are two different things. The right exists regardless of its enumeration, and it is fundamental. The enumeration doesn't create the right, which is preexisting. It prohibits any federal infringement*, ostensibly for the reason stated in the amendment's subordinate clause.
*The 14A extends the prohibition to bind the states.
Separating these two issues is paramount to understanding the importance of the right, and its prominent place as an unalienable liberty. |
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| QUOTES
TO REMEMBER |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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