Retired Supreme Court Justice Stevens: My “Fix” for the Second Amendment

“If a single pro-gun control Justice gets onto the bench, your gun rights could be toast.”

Pro-gun? Don’t you mean anti-gun??

I think we need to stop looking at it as the right to keep and bear arms. We have the right to keep, bear, and USE arms. This way when ever someone tries to infringe the right things just kinda sort themselves out.

I ask, sir, what is the militia? It is the whole people, except for a few public officials.”
— George Mason, in Debates in Virginia Convention on Ratification of the Constitution, Elliot, Vol. 3, June 16, 1788

Yeah, about that I’ve got a better fix:

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms in defense of themselves, others, their property or the several states, shall not be infringed. Congress shall make law prohibiting the possession of arms in common use.

Please, please,please stop the BS on ‘in common use’ at one point or another everything in common use was new and novel. To include ‘in common use’ locks us to only arms as currently envisioned. It was left out of the 2A to defeat thepossibility of it only covering muskets. Using it now is just as dangerous. Plasma rifle in 40W range? Never for us because they’d never get past ‘common usage!

Whatever…always messing with people who are ARMED. Maybe those so-called paranoid NRA $ appeals ain’t so PARANOID .

Funny because I can’t remeber where it says in the Constitution that the Supreme Court has the authority to change amendments how they see fit.

John Paul Stevens’ parents should’ve been fixed- before he was born.
Amend the Constitution? Yes!
1.Limit Congressional terms to 12 years in either house.
2. One subject per bill.
3. Limit duration of any Congress (unless in time of declared war) to 3-4 months a year. Any legislation unpassed must wait until next year’s session.
4. All laws sunset after 10 years.
5. No exemptions from any law or regulation for Congress or Supreme Court.
6.Abolish all Congressional pensions-retroactively.
Must be done by legislation: 7. Slash congressional staff by 2/3. 8. Reduce salaries immediately by 1/3
Thanks Santa!

With all due respect to a very learned jurist, I find Stevens’ interpretation absurd. Article I section 8 of the constitution already gives the federal government the explicit authority to arm the militia. Indeed, the fact of being armed is integral to the very definition of a militia. Stevens ‘ interpretation reduces the 2nd Amendment to an insane, redundant statement akin to a guarantee of the “right” of water to be wet.

Time to put Gramps in an assisted care facility.

Right, because people that had just fought a war against a tyrannical government wanted to insure that in the future only government forces had arms. Makes sense to me, NOT!

Apparently, then, Stevens believes that all we must do to preserve our RKBA is join a militia, since the right, according to him, applies “while serving in the militia.” This seems redundant to me, since the entire reason for a militia is to bear arms. I can’t believe that the founders would enshrine our RKBA only “while serving in the militia” yet not also protect a right to be in a militia in the first place. What would be the point?

I’m sure the gun grabbers are eating this up and slobbering all over this part of the book when they read it.

The constitution is good as is. We have the longest running continual government in the world. It would continue on for hundreds more if the government and people abided by the restraints that are placed on the government. If the people and government keep trying to override or outright destroy the constitution and bill of rights we will go the way of every other government before us. We probably won’t like what emerges from the ashes as I doubt it would be a more liberty and freedom minded government. All of the people who think the ends justify the means will be wondering what the hell happened and we can say “I told you so!”

All I can say to John Paul Stevens is “thanks for retiring.” We have more than enough enemies in the judiciary.

And now we see why he’s a FORMER justice. He’s lost his critical thinking skills. Now he’s just the poster boy for term limits.

I can only thank God that jackass is retired .I would remind the clearly deficient in historical learning Justice that the early days of the revolution were fought entirely with personally owned arms, including the cannon and powder stores they were protecting at Concord. Of course Justice Stevens would have sided with General Gage anyway.

It explains a lot about his rulings in the past. Just go away, nobody cares about your vote anymore…

Doot–doo-doot….. Please Hold For…… “SHALL NOT BE INFRINGED” ……

I think we should rewrite the 2nd Amendment…

” The right of the people to keep, bear, and use arms shall not be infringed. Any law or laws attempting to regulate the type of arms, capacity of operation, or manner of carry shall be null and void. No form of government will pass any law prohibiting the carry of arms. It is the right of the people to stand their ground against any deadly threat and assert the natural law of defense of self.”

As Stevens slips further into senility, we can all be grateful that he is no longer relevant. I am sure he would happily assist the current administration’s quest to turn Americans into serfs.

I have an alternative suggestion for a rewording of the 2nd Amendment:

“The right of the people to keep and bear any weapons they damn well choose shall not be infringed. Period. And this time we mean it, you a**holes.”

I am flabbergasted that a learned person can actually believe this in his heart, that the 2nd Amendment was applied to people “serving” in a militia only. He’s either senile or actually hoping that the populace is stupid enough to believe his argument from authority. Even a cursory glance through history and the intentions of the founders, as well as the Constitution as a whole (Article I, etc.) shows that his interpretation is bogus.

Wait a minute. I think he’s the guy in the old 6 Flags commercial:
https://www.youtube.com/watch?v=ze72uyZfY5Q

That explains a lot.

Anyone ever stop and just think about the ramifications of amending any of the first ten amendments (Bill of Rights)? They were ratified in 1791 and never been touched since. Even the word unprecedented would be a gross understatement.

If the 2nd were ever amended, then any of the Bill of Rights is fair game in the future. Good luck living in this country after that.

Well, Sec. 431.001. DEFINITIONS. In this chapter:

(1) “Reserve militia” means the persons liable to serve, but not serving, in the state military forces.

This applies to anyone from 17 to 65 years of age. Therefore, anyone that is a Texas Citizen, legal gun owner, and not a felon, is a part of the militia. Now all they need to do is make every citizen a criminal (Starting with the Lautenberg Amendment) and… walaaa; There goes the neighborhood.

Come and take them, gramps.

Justice Stevens’ profound misunderstanding of the history and decision itself of United States v. Miller, as expressed in his Heller dissent, reveals his lack of scholarship and anti-firearm prejudice.

There’s no fool like an old fool – and Justice Stevens has certainly shown himself to be an old fool. In fact, he’s an irrelevant old fool, and that’s the worst kind.

Federalist Papers #46

“Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms.”

Written by James Madison, author of the 2nd Amendment.

Liberals hate this paper. There is no possible argument against what Madison meant. He didn’t care about hunting or self defense. In his day there weren’t idiots who didn’t understand self defense.
Madison was talking about citizens bearing arms in the event the FEDERAL government became corrupt and used the Army against the people. A protection against tyranny.

Is (in)Justice Stevens shilling for Depends, these days? Because with that book, he just dropped a pant-load.

Another Donkey Hole

Mr. Stevens is all too typical of Justices who think the Founders did not know what they were doing. They, again all too often, have demonstrated that they are poor historians or, quite simply, apply tortured renditions of the law when the legislative or other history is plainly evident to all but those who do not see in order to reach a desired result. The Court’s twisted interpretation of the 14th Amendment are but one example.

At the founding there were the “doubting Thomases” among the delegates who insisted upon the adoption of the Bill of Rights despite the insistence of the rest that these things were not subject to challenge that the ten amendments were unnecessary. Indeed, the argument among the majority was whether these rights should be called unalienable or inalienable. We are forever indebted to those skeptics who were rightly concerned about the role of government and those in positions of power. They had, no doubt, seen the erosion of rights in England and the sovereign’s encroachment upon the principles of the Magna Carta, the first limitation upon the absolute power of monarchs.

Mr. Stevens illustrates how many in government consider the Constitution to be merely an inconvenient piece of old paper. Their oaths to uphold our foundation document mean little to them.

If he thinks that he can drum up enough support to amend the constitution, let him have at it. That is the way we do things. Go for it, sir.

I bet you guys are happy he is retired.

For such a smart man he sure isn’t bright in my opinion.

Senility is in old age is very sad. Libtardism is just pathetic.

Were the founders really concerned with militias not being able to bear arms? That’s a ridiculous concern to have to make a whole amendment out of. It’s pretty obvious they were concerned with regular citizens being able to bear arms.

I have a “Fix” for retired Supreme Court Justice Stevens:
Go fishing and STFU.
Nobody cares what you have to say any more.

The only thing Stevens got right is that the 2nd amendment didn’t originally apply to state and local governments. However, it’s utterly dishonest of him to pretend that it is somehow left out of the incorporation of the rest of the Bill of Rights by the 14th amendment. Someone who considers incorporation an erroneous interpretation of the 14th amendment could make that argument honestly, but not Stevens, who was always keen to push it as far as possible when it served his policy goals.

The Democratic left and statist elite really do face a conundrum, and Stevens has wandered off into the dreamland of final solutions. The problem is this: The core of Dem Left voting support is among the urban poor and urban civil servant unions. However, the leadership, and certainly the rich urban leadership from which Stevens emerged, do not think the urban voter base can be trusted with guns. Next, they realize that there is something frightening for them in “suburban and rural homes armed, urban homes not.” It flows from the obvious. Since they can never accept gun rights for the urban poor and urban unions, they see no avenue of action except to revoke the constitutional rights to firearms exercised by (mainly) the non-core-urban population.

Mexico’s governing elites faced the same conundrum in the 1960’s. The government was becoming increasingly corrupt and increasingly hated. At the same time, Mexico had a very large “gun culture.” Ownership of firearms was very widespread, range shooting was popular, and Americans even travelled there to enjoy shooting sports. The PRI government drove a charge to alter the RKBA provision of the constitution of 1917, and in 1971 succeeded. At the same time a wide array of statutes were passed to enforce an end to gun rights.

The motive among the Dem Left and urban ‘elites’ are no different today than the PRI’s motivations in the late 1960’s and 70’s. Stevens is just a Chicago-based exemplar of the same school of thinking. No surprise there.

If the Dem Left leadership gets its way and the constitution or its interpretation is altered to their liking, you can be sure that the U.S. will get the same results as Mexico. A government and criminal gangs out of control, and a common population unable to fight off the depredations which naturally result.

With the wording Stevens uses to “fix’ the 2a, it almost seems that he is proving his own argument wrong. The framers of the Bill of Rights were smart enough, and detail oriented enough, to have put Stevens’ words in there if they had intended to.

I think that our members of congress need to be limited to 2 two year terms. No more of these old people who’ve been in congress for the past 30 years

Aside from the clear wording of the 2A in no way supports his view — AND the term The People is used elsewhere to mean an individual right.

However he is playing a clever trick here: _In its decision in Heller, however, the majority interpreted the amendment as though its draftsmen were primarily motivated by an interest in protecting the common-law right of self-defense. But that common-law right is a procedural right that has always been available to the defendant in criminal proceedings in every state. The notion that the states were concerned about possible infringement of that right by the federal government is really quite absurd._

The 2A is NOT about self defense AT ALL. It is about the right of the people to keep/bear arms as an end in itself. I could have a right to self defense — and not be allowed any more of a weapon at home as I would be allowed on an airliner.

BTW: Any state could simply call all its citizens Members of the State Militia (not that they need to) — and the fact that there are no longer any militias makes his suggestion even sillier.

THE FACT IS — that the 2A is a bothersome constitutional feature for many. Which creates different ways to “game” the debate and try to ignore what is actually written. No surprise there are few 2A SCOTUS decisions…..

Stevens really said; “I and other elites are the natural and obvious rulers of all you little eaters and breeders. But, we can’t rule you so easily or brutally, if you have weapons, so I will speak a lot of big words you don’t understand to make it happen”.

“As for that mouldy bit of parchment you all hold so dear, we will tell you what it means, you lowly peons”.

“That anomalous result can be avoided by adding five words to the text of the Second Amendment to make it unambiguously conform to the original intent of its draftsmen.”

The really incongruous thing about this statement is that Stevens, and liberal justices of his ilk, are antithetical to the entire idea of “original intent”. They believe in a “living document” that can be tortured into meaning anything at all. Roe v. Wade is the ultimate example of this.

It don’t need fixing its fine the way it is… fool

Fix?

Ain’t broke.

Moral of the story: vote against the most liberal candidate running for president in 2016. Even if you dislike the Republican, hold you nose, use a clothes pin, where a gas mask but vote for the least liberal person.

@Nathanael
This is a minority position which the Supreme Court has not, as yet, accepted, but the Second Amendment did apply to the states initially as did all the rest of the Bill of Rights with the exception of those matters which are explicitly restricted to the Federal Government. It is the position of those who say, as I do, that it is one of the Privileges and Immunities of Federal Citizenship. The Founders had no intention of allowing states to deny them these fundamental rights. It would have been inconceivable to them that a citizen could not exercise any or all of these rights when traveling to or through the several states. George Washington would be subject to arrest when traveling to his inauguration with his sword today.

The legislative history of the 14th Amendment is plainly evident in the debate in Congress and statements of its proponents. It was to overturn the Dredd Scott Supreme Court decision and to grant to the freed slates and other blacks status as people and citizens. (There was case law that blacks, even freemen, were not eligible for citizenship.) you will recall that the Emancipation Proclamation purported to free slaves in states which were then in a state of rebellion. This was actually based upon the legal principle that they were property and classed as contraband. President Lincoln had no more authority to grant citizenship than he had to take it away. The Emancipation Proclamation was a political document issued during armed conflict. It remained to become law by action of the Congress, President and States after the cessation of hostilities. This distinction was seen by the Congress and hence the 14th Amendment. Administratively, the distinction was not as clear during Reconstruction under Martial Law and Radical Republican administrations.

Almost the entire body of U.S. Supreme Court 14th Amendment cases are improperly decided as a consequence. The concept of making various Constitutional Rights applicable to the states on an ad hoc basis via the 14th Amendment is a fiction.

The Supreme Court is not necessarily correct in its decisions. It is simply the last court to speak in a matter and their mistakes live on until either Congress acts to overturn them or Court itself recognizes its error and corrects it. It is little wonder that the Founders specified the oaths of office of various officials and that they were to swear to defend the Constitution of the United States against all enemies foreign and domestic.

I, with my limited knowledge, tried to read this guy with an open mind.

Please correct me if I’m wrong here.
Quote:
“The notion that the states were concerned about possible infringement of that right [“the common-law right of self-defense”] by the federal government is really quite absurd.”

So the states weren’t at all concerned about the union of states infringing on “that right” for most people, but only about its infringing on that right for people serving in the militia?

My friends, our 2nd Amendment rights hang by one vote. While fiercely pro-gun, I am also a social conservative who believes in the traditional definition of marriage and all sorts of stuff guys like Stevens and his ilk hate. This is a simple plea to those who do not share my views on social issues: divided we fall. Believe me, those on this site who do not like social conservatives need to put that aside and support those who support them. If not, Hillary needs just one more justice and this recent renaissance of gun rights will come to a screeching halt.

You know what’s funny about the concept of amending the 2nd Amendment?

Even if by some miracle it happened, I wouldn’t abide it.

Stevens shows a large degree of ignorance about both guns and the Second Amendment.

“But that common-law right is a procedural right that has always been available to the defendant in criminal proceedings in every state.”

He’s right, but the procedural right does not protect possession of the tools of self defense, hence the 2nd Amendment. Of what use is having a procedurally protected right of self defense if you are barred the use of the tools to exercise that right?

I am glad Stevens is retired. The trouble with old leftist justices, they keep on spouting idiocy. The trouble with leftist justices that are not retired is that they can rewrite our laws and make our lives miserable, taking away our legal guarantees of God given rights.

‘Stevens also believes . . . that the Second Amendment “did not [emphasis added] impose any limit whatsoever on the power of states or local governments to regulate the ownership or use of firearms.”… the fact that all the other rights in the Bill of Rights impose limits on state and local governments is neither here nor there, apparently’.

Ah, but, all the other rights in the Bill of Rights did not impose limits on state and local governments either. The fact that they do now comes from later interpretation and amendments and so on, so if he is merely commenting on the fact that the original intention and effect was only to bind the federal government and not those other levels of government, he is perfectly correct. He is only wrong if he is making out that those later extensions to other levels somehow didn’t happen for this one amendment.

I realize this is at the end of the thread and probably no one will read this but the legal calisthenics of the 2nd is almost irrelevant. The anti-gun crew needs one justice. Scalia is 78, Kennedy is 77. If the next president is a democrat and serves two terms he will replace one of them for sure. Logic and precedent can not stand before progressive revisionism. Stop thinking of the second amendment as the bulwark which ensures your rights. Those rights are either God given (or natural rights if you prefer) or they are not and if they are not then they are completely revoke-able. The 2nd amendment merely recognizes the right. Within our life time we will see a court that will eviscerate the 2nd amendment and patriots who put there faith in the 2nd amendment will be left with just there anger.

God gives rights. The second amendment can be repeal or gutted and it won’t change the fact that owning weapons is a God given right that reflects the value he puts on innocent life and the simple, obvious and inescapable reality that evil exists and must be stopped by force or the threat of force. When that day comes and the greatest organizer and executor of evil the world has ever known, that being governments with a monopoly on force, flips the switch it’ll be game on. Will you be ready?

Even with his rewording, isn’t the militia all able bodied men between 18 and 65ish? He could have been more specific, but adds yet more confusion. Define militia?

Anyway.. The 2nd reads very clear to me. It has nothing to do with National guard units. It’s the people. Period.

The biggest fault in the “logic” used by Justice Stevens and all the other anti-gun crowd, is that they completely ignore all the good that comes from gun owners owning and carrying their guns. Yes, about 30,000 people die every year due to gun-related crimes, accidents, and suicides. However, our “gun culture” results in many more lives that are saved every year. It is obvious when one takes a clear-eyed look at the data that the 2nd Amendment and the gun owners who keep and bear arms prevent more crime and homicides than the criminal gun owners cause. It is also clear that every gun control law EVER has not reduced the amount of crime ANYWHERE.

More guns = Less crime and Less deaths.

This has been true for centuries, as these two experts from the 18th century reveal:

“False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that it has no remedy for evils, except destruction. The laws that forbid the carrying of arms are of such a nature. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” — Cesare Beccaria (Cesare, Marquis of Beccaria-Bonesana) from his treatise “On Crimes and Punishments” (1764)

“Laws that forbid the carrying of arms … disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants, they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” — President Thomas Jefferson

This last quote is quite new, but it summarizes all the above in two short sentences:

“Nobody ever gives guns the credit for the heroics of good people. Why do they blame guns for the sins of stupid or bad people?” — Unknown

Does anyone know who the militia is?
According to Title 10 of the U.S. Code § 311, (a) “The militia of the United States consists of all able-bodied males at least 17 years of age and… under 45 years of age who are… citizens of the United States…” The amendment is not about the militia bearing arms but everyone bearing arms so that they can form a militia. In fact, the militia does not include the “Members of the armed forces” but does include everyone else with few exceptions.

Isn’t it just amazing how so many of these self-anointed people actually believe that they’re 10 times smarter and, possibly 100 times wiser, than all of our founding fathers put together? Hubris writ large. XXL in some cases.

These justices can twist the constitution to find all kinds of “rights”. Right to burn a flag, right for gay marriage, right for unlimited abortion on demand. But when it comes to the second amendment, they go out of their way to limit it and use it against the people.
Liberalism is not a political philosophy, it’s a mental disorder.

Protected a citizen’s right to keep and bear arms while in the military? How thoughtful and illogical! Well duh, if someone is in the military it is a given fighters need weapons ie guns. The Bill of Rights are civilian individual rights during both peace time and war time.

Another illogical assessment of the Second Amendment. He ranks right up there with SOTTOMAYER and ELLENAH. They should be sent back to a good COMMON CORE school to learn their abc’s and get educated in the NEW WORLD ORDER.

It really is a shame that this country has slipped so far to the left. News outlets such as ABC, NBC, CBS, NPR, CNN, et al have skewed the true facts related to news and have sided with the side of evil. Their reporters and management should be sent back to school and re-educated perhaps they might want to be sent to North Korea to learn the true meaning of socialism and communism. Also the current “regime” of DemmocRATS should be jailed and then tried for tyranny against the principals of this former great nation and restore it to the way our fore-fathers had created it.

Being a lawyer and history nut I prefer not to rely entirely upon the various Courts’ decisions when it comes to historical research of the Second Amendment and its interpretation in the 18th and 19th Centuries.

As such, I rely upon these sources, in addition to the debate transcripts when the BoR was being ratified in the various States.

These summaries were provided by Eugene Volokh, and I highly recommend you review his materials at: http://www2.law.ucla.edu/volokh/2amteach/sources.htm

A. William Blackstone, Commentaries on the Laws of England (1765)

In the three preceding articles we have taken a short view of the principal absolute rights [personal security, personal liberty, private property] which appertain to every Englishman. But in vain would these rights be declared, ascertained, and protected by the dead letter of the laws, if the constitution had provided no other method to secure their actual enjoyment. It has therefore established certain other auxiliary subordinate rights of the subject, which serve principally as outworks or barriers to protect and maintain inviolate the three great and primary rights, of personal security, personal liberty, and private property.

1. The constitution, powers, and privileges of parliament . . . .

2. The limitation of the king’s prerogative . . . .

3. . . . [A]pplying to the courts of justice for redress of injuries.

4. . . . [T]he right of petitioning the king, or either house of parliament, for the redress of grievances.

5. The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute . . . and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.

. . . [T]o vindicate [the three primary rights], when actually violated or attacked, the subjects of England are entitled, in the first place, to the regular administration and free course of justice in the courts of law; next, to the right of petitioning the king and parliament for redress of grievances; and, lastly, to the right of having and using arms for self-preservation and defence.

B. St. George Tucker, Blackstone’s Commentaries (1803)

[Annotation to Blackstone’s discussion of the right to have arms as the fifth and last auxiliary right:]

The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence suitable to their condition and degree, and such as are allowed by law.

The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government.

Whoever examines the forest, and game laws in the British code, will readily perceive that the right of keeping arms is effectually taken away from the people of England. The commentator himself informs us, “that the prevention of popular insurrections and resistence [sic] to government by disarming the bulk of the people, is a reason oftener meant than avowed by the makers of the forest and game laws.”

[A separate discussion in an Appendix, specifically about the Second Amendment.]

A well regulated militia being necessary to the security of a free state, the right of the people to keep, and bear arms, shall not be infringed.

This may be considered as the true palladium of liberty . . . . The right of self defence is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms, is under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.

In England, the people have been disarmed, generally, under the specious pretext of preserving the game: a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes. True it is, their bill of rights seems at first view to counteract this policy: but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game. So that not one man in five hundred can keep a gun in his house without being subject to a penalty.

C. Justice Joseph Story, Commentaries on the Constitution of the United States (1833)

The next amendment is: “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” {[In Story’s Familiar Exposition of the Constitution of the United States (1840), the following two sentences are also added:] One of the ordinary modes, by which tyrants accomplish their purposes without resistance, is, by disarming the people, and making it an offence to keep arms, and by substituting a regular army in the stead of a resort to the militia. The friends of a free government cannot be too watchful, to overcome the dangerous tendency of the public mind to sacrifice, for the sake of mere private convenience, this powerful check upon the designs of ambitious men.}

The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. And yet, though this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations. How it is practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights.

D. Thomas Cooley, General Principles of Constitutional Law (1880)

22
Section IV. — The Right to Keep and Bear Arms.

The Constitution. — By the Second Amendment to the Constitution it is declared that, “a well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.”

The amendment, like most other provisions in the Constitution, has a history. It was adopted with some modification and enlargement from the English Bill of Rights of 1688, where it stood as a protest against arbitrary action of the overturned dynasty in disarming the people, and as a pledge of the new rulers that this tyrannical action should cease. The right declared was meant to be a strong moral check against the usurpation and arbitrary power of rulers, and as a necessary and efficient means of regaining rights when temporarily overturned by usurpation.

The Right is General. — It may be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent. The militia, as has been elsewhere explained, consists of those persons who, under the law, are liable to the performance of military duty, and are officered and enrolled for service when called upon. But the law may make provision for the enrolment of all who are fit to perform military duty, or of a small number only, or it may wholly omit to make any provision at all; and if the right were limited to those enrolled, the purpose of this guaranty might be defeated altogether by the action or neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms, and they need no permission or regulation of law for the purpose. But this enables the government to have a well regulated militia; for to bear arms implies something more than the mere keeping; it implies the learning to handle and use them in a way that makes those who keep them ready for their efficient use; in other words, it implies the right to meet for voluntary discipline in arms, observing in doing so the laws of public order.

Standing Army. — A further purpose of this amendment is, to preclude any necessity or reasonable excuse for keeping up a standing army. A standing army is condemned by the traditions and sentiments of the people, as being as dangerous to the liberties of the people as the general preparation of the people for the defence of their institutions with arms is preservative of them.

What Arms may be kept. — The arms intended by the Constitution are such as are suitable for the general defence of the community against invasion or oppression, and the secret carrying of those suited merely to deadly individual encounters may be prohibited.

Whomever decided that the Federal government gets to decide if the acts of the Federal government is Constitutional was a nutjob. Oh, that’s right! The Federal government did.

I rest my case.

And what about the idea that the Militia’s main purpose, was to provide an ultimate veto on the kind of drivel spouted by the likes of Stevens?

“If a single pro-gun control Justice gets onto the bench, your gun rights could be toast.” Wrong.

My R2KABA is pre-constitutional. Any law that attempts to circumvent my right is null and void.
My R2KABA and the Right to Self-defense are my inalienable rights just like my rights to Life, Liberty, and the Pursuit of Happiness.
As the Intro to the Declaration of Independence says that when the government ,created by the consent of the governed, no longer seeks to protect the rights of the people, IT IS THE RIGHT, IT IS THE DUTY to alter or abolish that government (even if that government doesn’t want to be altered or abolished).
Before the United States began, there were Kings of Europe that tried to disarm the public and they paid the ultimate price for their tyranny. Such is the fate of tyrants who oever-step the powers granted to them.

I guess someone forgot to tell him that judges are not supposed to legislate from the bench!

THIS IS MY REAL NAME IN SPANISH. ARE YOU DISCREMNATING AGAINST ME FOR MY NAME? WHERES MY PREVIOUS COMMENT?

This is just one more trator to the Republic that needs a gillaten. He speaks with a fools tongue an exnors history of everything that was put into the American Constitution ny our forefather.

My problem with Mr. Stevens’ “fix” would be that it creates an exclusive class of people who may enjoy a right above those who don’t belong to that class.

I don’t believe the Founding Fathers intended that for ANY of the rights identified in the amendments in the Bill of Rights, including the 2nd Amendment.

I believe that Mr. Stevens determination of an “anomalous result” in interpretation is only because Mr. Stevens has a personal bias that won’t allow him to accept what is commonly and logically accepted with regard to the amendment in question.

IF 2A were to be contorted as Stevens says, the solution would be simple. EVERYONE in the state (e.g.Texas) would immediately be enlisted in the state militia. Problem solved.

Any time you let a lawyer of any sort look at a document you will get a
myriad of opinions depending upon the personal and political leanings
of that lawyer. You will never get two lawyers agree on the original
intent of any document even if the person or group is there to explain
it in plain and simple language. Just like Clinton with his definition of
the meaning of the word “IS”. as we saw in his impeachment hearing
he wanted it broke down to lawyer language or to understand it better
he wanted to be able to “twist” the definition to suit is purpose. The
United States Constitution is a plain and simple document that has
withstood the test of time until today when we have a Socialist
Democrat from Kenya who had abused and stomped upon the
right and freedoms of Americans in favor of certain minority groups
to gain votes while trampling upon the right of the majority.
The Supreme Court has caved in and kissed his ass letting him
violate his oath of office and his duties as President of the Nation.
but he has also used Government agencies such as the FBI, NSA
and other to help him find evidence to sway their votes in his
favor. Much like the famous ruling that has inflicted Obama care
upon America causing million of citizens to lost their insurance while,
at best, 2% many have gained insurance we still have 98% that have
lost theirs by their own figures.

WHY would you need an expressed right to bear arms in the military?!? That’s like saying you have a right to a tennis racket when you’re playing tennis. The definition of a militia was all able bodies men, etc. so it means everyone, not just the government and it’s military.