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discntnt_irny_srcsm

(18,669 posts)
30. Perhaps this from the dissent will explain my take.
Sat Dec 11, 2021, 11:45 AM
Dec 2021
The majority appears to suggest that even if the meaning of the Second Amendment has been considered settled by courts and legislatures for over two centuries, that settled meaning is overcome by the “reliance of millions of Americans” “upon the true meaning of the right to keep and bear arms.” Ante, at 52, n. 24. Presumably by this the Court means that many Americans own guns for self-defense, recreation, and other lawful purposes, and object to government interference with their gun ownership. I do not dispute the correctness of this observation.
As I read this what I see is that Stevens acknowledges an individual RKBA but disagrees that the amendment is a general protection for it. How very states' rights of him.

I look at the Founders intent of a federal union among the states. The people had faith and loyalty for their respective states. They endured 15 plus years working and fighting to remain free of the type of government above their state governments which they found so oppressive. Their interest was to not create another institution that would grow to be as oppressive as the British government had become. The 18th century American people had state and local governments to mediate the disputes and crimes among the individual residents. An area of law that, with the exception of interstate commerce, the federal government had no nexus. Today, crimes among individuals are generally not pursued by the FBI or other federal law enforcement.

If you briefly word search the entire dissent of Justice Stevens, you will find no references to the petitioner, Heller. Nor is Heller referenced indirectly therein by the term petitioner. Stevens does not counter the court's decision that Heller did have a right to have his gun in his home in use as personal defense. As I read the dissent, its substance is an objection to finding an existing federal protection of an individual RKBA, a disparagement of the majority opinion in that majority's slight mention of reasonable laws and restrictions on the right but an acceptance by the minority, as Stevens was joined by the other minority justice's, of the right's existence. Arguing for a more comprehensive judicial explanation of reasonable restrictions of a right cannot logically comport with denying the right's existence.

Have a nice weekend.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Gunzz are an essential part of freedumb. guillaumeb Dec 2021 #1
Saw it, rec'd it and may I say an excellent post! nt AndyS Dec 2021 #2
Yours is not a mainstream view even within the Democratic party hack89 Dec 2021 #3
The SCOTUS defined what Antonin Scalia pretended to find in the 2nd Amendment. guillaumeb Dec 2021 #4
A view also held by many progressive Democratic leaders hack89 Dec 2021 #5
Au contraire sir. discntnt_irny_srcsm Dec 2021 #6
Except the unorganize militia is for men between 17 and 45 hack89 Dec 2021 #7
As I mentioned in the 3 points I listed per my in practice reference... discntnt_irny_srcsm Dec 2021 #8
I further consider that without an individual RKBA having a militia would be near impossible. discntnt_irny_srcsm Dec 2021 #9
Then what was the point of specifically referring to a "well-regulated militia", guillaumeb Dec 2021 #10
Since you ask... discntnt_irny_srcsm Dec 2021 #12
But the US does have a well-regulated military, guillaumeb Dec 2021 #16
re: "...which eliminates the need for any unregulated militias." discntnt_irny_srcsm Dec 2021 #17
Scalia "found" a right that had been hidden. guillaumeb Dec 2021 #23
Just a few points here discntnt_irny_srcsm Dec 2021 #27
As to Justice Stevens: guillaumeb Dec 2021 #28
I will reread the dissent and get back to you. n/t discntnt_irny_srcsm Dec 2021 #29
Perhaps this from the dissent will explain my take. discntnt_irny_srcsm Dec 2021 #30
However: guillaumeb Dec 2021 #31
Would that be... discntnt_irny_srcsm Dec 2021 #32
Archaic grammar would be my guess hack89 Dec 2021 #14
Declaratory clause . . . Surf Fishing Guru Dec 2021 #33
And are the members of this unorganized militia ever ordered to join the organized militia? guillaumeb Dec 2021 #11
I think your effort to blame Scalia is a distraction. discntnt_irny_srcsm Dec 2021 #13
In the past but not in the last 100 years hack89 Dec 2021 #15
still trying to make "gunz" a thing, huh? krispos42 Dec 2021 #18
Said the frog in a pot of water . . . AndyS Dec 2021 #20
Only a minority of US residents own guns. guillaumeb Dec 2021 #24
Gun owners outnumber the following minority groups: krispos42 Dec 2021 #26
Perhaps you could explain... discntnt_irny_srcsm Dec 2021 #19
Just read the topics covered in the OP. nt AndyS Dec 2021 #21
R.E. Militia. AndyS Dec 2021 #22
Agreed. Very well argued. eom guillaumeb Dec 2021 #25
Scalia overturned? Surf Fishing Guru Dec 2021 #34
No response ... not surprised. PTWB Dec 2021 #35
Well . . . Surf Fishing Guru Dec 2021 #37
Yes, read the Federalist papers . . . Surf Fishing Guru Dec 2021 #36
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