Re: 2nd Amendment perspectives

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On 5/04/03, shawn wrote:
> Shmuel, First of all you don't understand what freedom is.
> The bill of rights protects the individual from the majority
> & it protects the states from the federal government. Your
> equaling a "right" with a "choice". If people want to be a
> doctor then that is what they have chosen to do. If somebody
> wants to be a pilot then that is their choice. Now, a right
> is something that we can all exercise even if somebody else
> doesn't want us to do. It is up to the individual to protect
> themselves. Also,in America, all the people are part of the
> reserve military force. If you have time you should read
> some what our Supreme Court has even said about the first two
> amendments to our Constitution. They stated that the rights
> listed are not GRANTED by the constitution. This means that
> even if you REPEAL the second amendment Congress and the
> states still don't have the Power to disarm or License or
> Register Guns or People. You also have a problem with 44
> state constitutions. They all list a "right" to keep and
> bear arms. The founders knew it would be a problem to change
> the constitution and it will only take 3&37; of the population
> to vote against a change. In other words it ain't going to
> happen. When a right is held to "Fundamental" it is outside
> the powers of Society to control it. Guns are our
> fundamental right in America. Perhaps you can do somemore
> research into this and understand what freedom really is.

Actually, the 2nd Amendment, as perceived by many, is an
infringement by the federal government on the rights of the
states to determine their own laws. When the second amendment
was written, the Bill of Rights did not apply to the states (not
until the incorporation clause of the 14th Amendment did it
apply to the states) and so it could never have been intended to
cover anything other than federal laws to restrict the states'
militias) rights to bear arms. The police powers are reserved
to the states, and that includes the authority to restrict
weapons from its citizens.

Re: 2nd Amendment perspectives, 2/10/05, by Shmuel Goldstein.

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