View Single Post
Old May 16, 2010, 02:05 PM   #42
Tom Servo
Staff
 
Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 9,468
Quote:
We agree with numerous other courts that "the Second Amendment guarantees a collective rather than an individual right." United States v. Warin (citations omitted). That is to say, it protects a state's right to raise and regulate a militia by prohibiting Congress from enacting legislation that will interfere with that right. The second amendment says nothing that would prohibit a state (or the legislature for the District of Columbia) from restricting the use or possession of weapons in derogation of the government's own right to enroll a body of militiamen "bearing arms supplied by themselves" as in bygone days.
Ronald Reagan and the Talking Heads aside, I don't miss the 1980's.

This was the prevailing consensus at the time. In fact, every bit of 2nd Amendment jurisprudence I can think of prior to the turn of the century agreed with the DC Appellate Court on the matter.

Folks don't realize what an utter sea-change the Heller verdict was, nor how much groundwork it took for us to get there. The fact that she accepts Heller as good law says a great deal about her.

Quote:
Do not take the above as an endorsement of Kagan. It isn't. It is a rational look at the possibilities.
Agreed. As Maestro said, she's far better than Mystery Date #2.
__________________
In the depth of winter I finally learned that there was in me an invincible summer.
--Albert Camus
Tom Servo is offline  
 
Page generated in 0.04480 seconds with 7 queries