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The
Below Comments Relate to this Newslink:
The Second Amendment Right to Be Negligent
Submitted by:
Bruce W. Krafft
Website: http://www.keepandbeararms.com/
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"Only two constitutional rights — the First and Second Amendments — have the capacity, through judicial interpretation or legislative action or inaction, to confer a 'right to be negligent' on private citizens; that is, a right to engage in objectively unreasonable risk-creating conduct without legal consequences. In the First Amendment context, for example, the Supreme Court, in New York Times v. Sullivan and its progeny, expressly embraced a right to be negligent in defaming public officials and public figures to protect speech. This Article asserts that through both common and statutory law the United States has enshrined a de facto Second Amendment right to be negligent ..." ... |
| Comment by:
Millwright66
(3/31/2015)
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| Without reading beyond the precis, I'll opine the author is going to ignore a lot of enacted and case law for openers. Moreover he's going to have to play "fast and loose" with "negligence" - both in common usage and law to prove his point. |
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| There are other things so clearly out of the power of Congress, that the bare recital of them is sufficient, I mean the "...rights of bearing arms for defence, or for killing game..." These things seem to have been inserted among their objections, merely to induce the ignorant to believe that Congress would have a power over such objects and to infer from their being refused a place in the Constitution, their intention to exercise that power to the oppression of the people. —ALEXANDER WHITE (1787) |
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