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Old November 24, 2008, 02:04 PM   #12
azredhawk44
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Join Date: September 28, 2005
Location: Mesa, AZ
Posts: 6,465
Quote:
Unlike Roe v. Wade, which did not have a clear and literal protection mentioned in the Bill of Rights, the Constitution, or any Federalist Papers, Heller does have a very specific right named in the 2nd Amendment.
It sounds like sour grapes from a liberal, activist type of judge who now cannot tread on our RKBA.
There's another way to look at this all, via the lens that is the 10th Amendment.

2A/RKBA/Heller is expressly mentioned and worded in our Bill of Rights.

Abortion is neither proscribed nor endorsed in those same founding documents. I'm not aware of what 1960's legislative regulations might have curtailed abortion rights or the context of Roe v. Wade...

But the 10th is pretty clear that anything we haven't expressly given to the FedGov is our own to claim, or for an individual State to claim.

Since there was no law made by "us" expressly volunteering to give up a right to abortion, we the people evidently retain that right by a default reading of the 10th (moral arguments about infanticide belong in an entirely different train of thought and have no relevance... Roe V. Wade could have been about eating Jell-O in public and have the same relevance to 10th Amendment rights).

But... the 2A is expressly worded and as such it is potentially read-able that a voluntary ceding of rights could have been contained in those words.

We needed a SCOTUS ruling to determine if We The People decided to cede certain firearms related rights when we ratified the Constitution and the BoR.

Evidently we didn't, which is a good decision.

I do think the OP Article's premise is unsound though in light of that.
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