Quote:
|
Originally Posted by ShootistPRS
The second amendment does not provide a right to keep and bear arms. That right existed before the declaration of independence, constitution and before the documents of confederation.
|
Indeed.
Quote:
|
Originally Posted by ShootistPRS
Having said that, even without the bill of rights we would retain those rights.
|
The right described in the 2d Am. was a right of englishmen of a sort at the time. At the risk of oversimplfying the issue, we recognized the right in a written constitution while the english and other commonwealth peoples depended on the unwritten constitution of their societies and traditions of common law.
Which turned out better?
Of course, a written COTUS with BOR isn't the only difference, but it isn't as if we are the only english speaking country to shares many of our legal and social traditions, so comparison may bear on the point.