In an otherwise unbiased article on Justice Anthony Kennedy, Washington Post staffer Robert Barnes seemed to dismiss the Supreme Court's 5-4 ruling in last June's District of Columbia v. Heller case as one in which the Court "found" gun rights in the text of the amendment, as though the notion that the Second Amendment protected an individual's right to keep and bear arms was somehow novel revisionism ungrounded in the plain text of the document.:
Kennedy was the only justice in each majority as the divided court ruled out the death penalty for child-rapists, found in the Second Amendment the individual right to a firearm and provided constitutional protections to the detainees held at Guantanamo Bay, Cuba.
Barnes's language calls to mind how critics of Roe v. Wade and similar cases slam the Court for "finding" a right to an abortion in the Constitution where no such guarantee exists in plain English. Of course the Second Amendment itself is quite plain its its language:
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.
Barnes would have done well to describe Heller as a case wherein the majority "held that the Second Amendment guaranteed an individual right to keep and bear firearms."




















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Hey, it beats
March 16, 2009 - 15:08 ET by 10ksnookerEmanations from the penumbra every time.
Found versus "found"
March 16, 2009 - 15:26 ET by moderncommentaries83As Mr. Shepherd correctly points out, the criticisms of the Second Amendment echo the criticisms of Roe v. Wade.
However, the language of the Second Amendment is pretty darned clear to anyone at a 5th grade reading level. It says - without a shadow of a doubt - that "the right of the people to keep and bear arms shall not be infringed."
It does not give any circumstances where exclusions to that right can or should be applied. Now, it's perfectly reasonable to make exceptions to the Second Amendment for violent criminals. That's just common sense.
But the right to gun ownership does not need to be "found" (nor was it "found") anymore than the Washington Monument needs to be "found."
It's funny how - in the case of Roe "found" is now an unequivocal defense of a non-existent "right" to abortion, but in the case of the Second Amendment, "found" is now just some flimsy back-door way to actually support the Constitution.
Scary.
Aut viam inveniam aut faciam
Well said Ken,
March 16, 2009 - 15:38 ET byWell said Ken,
However I believe that there is something even more dastardly afoot. I think Barnes uses the term "found in the Second Amendment the individual right to a firearm"
Because the Liberal "inteligencia" is trying to keep it from being thought of as "Stare decisis" ( hope I spelled that right), which as you know makes it accepted precedent not subject to change. I think that they believe that if they can get an extra couple babykillers on the court they'll be able to revisit all of this in the future.So predictably, their lapdogs in the press are delicately framing this rather obvious decision as somehow shrouded in a cloak of jurisprudence from whence sprang a novel thought.
Exactly which part of, "the
March 16, 2009 - 15:40 ET by R D HelmExactly which part of, "the right of the [people] to keep and bear Arms, shall not be infringed" are these people not getting?
-Dave
This coup has gone on long enough. The time to put it down is NOW.
→ Good question
March 16, 2009 - 15:43 ET by Cool ArrowI always thought of a "fringe" as the extreme outer area.
Not only do they infringe, they trample all over the whole cloth.
LYDSEXICS UNTIE!
Constitutional Rights guaranteed, ...
March 16, 2009 - 15:47 ET by SentryDanConstitutional Rights guaranteed, I don't think so. I defy anyone to read and show me where it says in the first 10 Amendments, The Bill of Right, that these rights are guaranteed.
Our Founding Fathers did not guarantee these Rights for a reason, that reason being that they knew if these Rights were guarantee the citizens may very well not be willing to put everything on the line to preserve those very Rights that alot of people (dare I say most people) believe are guaranteed.
Remember, The Bill of Rights are the rights that have been granted (not guaranteed) to the citizens of The United States of America. I'm curious, I would like to see a poll, as to how many people are willing to give up their lives for their fellow citizens.
Remember folks, Freedom isn't Free. It was bought with the blood and sacrifice of the men and women who are serving and who have served in the U.S. Armed Forces.
For those who fought for it, Freedom has a flavor that the protected will never know.
Also remember folks, that the way to SUPPORT THE TROOPS is to support their mission. Anyone who says that they support the troops but don't support their mission is lying about supporting the troops. And if you want to know, yes I do have a dog in the fight, he is a United States Marine.
Constitutional Rights Guaranteed
March 16, 2009 - 16:14 ET by JackrvAs per SentryDan
"Remember, The Bill of Rights are the rights that have been granted (not
guaranteed) to the citizens of The United States of America."
Governments do NOT grant rights... they grant privileges which can be revoked anytime.
The Bill of Rights were rights that are, in fact, guaranteed by the Constitution.
Jack Van Nostrand
Sorry Jack, still ...
March 16, 2009 - 16:28 ET by SentryDanSorry Jack, still looking for that word in the Constitution that says the Rights outlined in The Bill of Rights are guaranteed. I haven't found it and doubt that you will either.
Remember folks, Freedom isn't Free. It was bought with the blood and sacrifice of the men and women who are serving and who have served in the U.S. Armed Forces.
For those who fought for it, Freedom has a flavor that the protected will never know.
Also remember folks, that the way to SUPPORT THE TROOPS is to support their mission. Anyone who says that they support the troops but don't support their mission is lying about supporting the troops. And if you want to know, yes I do have a dog in the fight, he is a United States Marine.
Constitution guarantees rights already granted by God...
March 16, 2009 - 17:27 ET by Tailgunner...not the reverse.
'...The right there specified is that of 'bearing arms for a lawful purpose.' This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence.'
Chief Justice Morrison R Waite, US v Cruickshank, US Supreme Court, 1875
http://caselaw.lp.fi...
Justice Waite's position was that the Second Amendment (and any other Constitutional right) is a preexisting right granted only, as the Founding Fathers put it, by an almighty God.
The Bill of Rights was drafted to guarantee government's continued respect for these preexisting civil rights.
Were the Constitution never drafted, or the Bill of Rights never included, the individual right to keep and bear arms would still exist.
(And liberals would also do well to read the Ninth Amendment, which is basically intended to forestall those who would parse and twist every word or phrase in the Bill of Rights ('well-regulated militia' being a major example) to 'deny and disparage' those rights.)
Guaranteed by the Law
March 16, 2009 - 20:39 ET by CobraManGod never guaranteed us rights. He may have suggested some basic laws (The Ten Commandments, for an example), but he left the definitions of rights, and their enforcement, to us. He gave us free will, including the free will to define our own rights. He may not be happy with the rights we define, but he doesn't enforce his own laws upon us. If he did, evil men like Hitler would have never came to power.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution
Unless you're a fetus.
The US Supreme Court
They are guaranteed, Dan
March 16, 2009 - 20:33 ET by CobraManDan, our rights enumerated in the Constitution ARE guaranteed as the Constitution is the "Supreme Law of the Land." If it's in the Constitution, it's guaranteed to be included in the law. It's our laws that define and defend our "rights."
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution
Unless you're a fetus.
The US Supreme Court
Constitutional Rights
March 16, 2009 - 16:30 ET by Dan The Man 2Constitutional Rights guaranteed, I don't think so. I defy anyone to read and show me where it says in the first 10 Amendments, The Bill of Right, that these rights are guaranteed.
I believe teh Constitution and the Bill of Rights and all ammendments are or should be granted by God as the founders believed all rights enumerated in the Constitution were. I believe this to be true by the begining of the Declaration of Independence.
WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness—That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed,
Nuke em til they glow then shoot em in the dark.
Here ya go, Dan
March 16, 2009 - 20:27 ET by CobraManHere ya go, Dan:
"Amendment 9
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Certain rights are guaranteed in the Constitution. That's what "enumerated" means.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution
Unless you're a fetus.
The US Supreme Court
Oh, and here's the guarantee
March 16, 2009 - 20:28 ET by CobraManOh, and, Dan, here's the guarantee:
"Article 6.
This Constitution,, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution
Unless you're a fetus.
The US Supreme Court
Why did our founding fathers even bother with a 2nd amendment?
March 16, 2009 - 17:13 ET by Kingfish17A previous post by sentrydan stated: "Remember, The Bill of Rights are the rights that have been granted (not guaranteed) to the citizens of The United States of America."
I think a lot of people are under the misconception that The Bill of Rights should be viewed as the rights of the people, as granted by our Constitution. This faulty logic could imply that if a person's choice of actions is not described in the Bill of Rights, then his choice of action is not granted by the Constitution and therefore subject to legislation. One need only examine the ninth and tenth amendments to the Constitutioin, (the final two most important parts of the Bill of Rights), to fully understand the thought process of the writers of the Bill of Rights.
Ninth Amendment: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The ninth amendment says that just because the second amendment states that a person has a right to bear arms, it doesn't mean that he also doesn't have a right to ride a horse. (So why even have a second amendment? We'll get to that later.)
The tenth amendment states what I'm sure was very obvious back in the late 18th century: If it ain't spelled out in the Constitution, then that power is reserved to the States.
Now this brings up back to the man riding the horse argument, and States Rights. If for some screwy reason, the State of Rhode Island decided that it should be against the law to ride a horse, then they could pass a law, (provided it was allowable under their State Constitution), prohibiting the riding of horses in Rhode Island. Or the State of Rhode Island might deem it logical that they could leave it up to each county or municipality to decide if it was allowable to ride a horse. This would be perfectly acceptable under the United States Constitution.
But the writers of the Bill of Rights decided that there were certain things that even the states couldn't screw with. Freedom of religion, freedom of the press, freedom of assembly, and the right to bear arms, (among others).
Our founders new the great thing about States Rights and a limited Federal Government was that people could "vote with their feet". If Rhode Island said no horse riding, then you could move to Connecticut. But they didn't trust the States with everything.
The second amendment says clearly that all of the states had a vested interest in remaining free and maintaining the ability to raise a militia. Reread the second amendment in it's entirety keeping my logic in mind:
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.
So even though it's within a State's right to do almost anything they want to do regarding an individuals freedom of action, that State cannot deny an individual the right to bear arms.
"When will Barack Obama apologize to the American people for destroying their once great nation?" - MSM 2012
Kingfish... ...and the very
March 16, 2009 - 17:28 ET by bigtimerKingfish... ...and the very words in your post above were asked to Holder during his confirmation hearings by I think it was Sen. Vitter regarding the 2nd Amendment and individual state rights, he wanted to know how he felt about them...he never would answer, he hemmed, hawed, claimed he didn't know what he was talking about...blah blah blah....so Leahy stepped in and fast...and answered for him!
It was outrageous...all of it...no reporting from the msm about this, including Fox as far as I know....
On and on we go...like I have said, Holder and crew are very dangerous people...in oh so many ways...with the O Machine at the helm.
Another example of subtle
March 16, 2009 - 21:23 ET by lotrAnother example of subtle liberal bias in the media. Let us thank our lucky stars that we've had sensible presidents over the past couple decades who appointed SCOTUS judges who know that they are judges, not oligarchs, else we may have seen this true fundamental Constitutional right (the 2nd one following only after the freedoms of religion and speech) unlawfully annihilated.
And one by one dropped the revellers in the blood-bedewed halls of their revel, and died each in the despairing posture of his fall. -- Edgar Allan Poe
I still find it disturbing
March 16, 2009 - 23:45 ET by RR GOPI still find it disturbing that the D.C. gun ban decision was so close...very scary.
One of the 34% who thinks George W. Bush was a great President. One of the 61% who wants to bring back the stock and pillory (yep...approval for Congress now at 39%...do you believe that!?).
Seems to me ...
March 17, 2009 - 08:43 ET by SentryDanSeems to me that everyone is missing the point here. First, the Founding Fathers wrote the Constitution and The Bill of Rights, which were originally articles, as they appear today. This, of course, was after much heated discussion and hand wringing. The Bill of Rights state what the government can't take away from the citizens.
Second, deals with word usage. Before using a word, look up the definition; examples: Rights (Google on "What is a right?") and enumerate (Google the definition of enumerate). It will be most enlightening.
I will again ask the question. Where in the U.S. Constitution does it say that the government guarantees "YOUR RIGHTS"? Remember folks, the Rights set forth in The Bill of Right are already yours. So, why would you need them to be guaranteed?
The Prime Directive of the United States Government is to protect the citizens and to protect the citizen's Rights. Remember, the government works for "We the People", "We the People" don't work for the government. The politicians would have you believe otherwise. Wakeup friends. We are headed for big trouble.
Remember folks, Freedom isn't Free. It was bought with the blood and sacrifice of the men and women who are serving and who have served in the U.S. Armed Forces.
For those who fought for it, Freedom has a flavor that the protected will never know.
Also remember folks, that the way to SUPPORT THE TROOPS is to support their mission. Anyone who says that they support the troops but don't support their mission is lying about supporting the troops. And if you want to know, yes I do have a dog in the fight, he is a United States Marine.
I will again ask the
March 17, 2009 - 09:47 ET by Dan The Man 2I will again ask the question. Where in the U.S. Constitution does it say that the government guarantees "YOUR RIGHTS"? Remember folks, the Rights set forth in The Bill of Right are already yours. So, why would you need them to be guaranteed?
Even though the founders realized that God had given us the rights they realized government could take them away, as they have shown to do many times. We as a people give the government power to do so. So the Constitution affirms the rights and essentially guarentees them by the power invested in it by the people. This is why we must educate the populace on the Constitution and what it means.
However most people dont understand or are not willing to understand because it does not pertain to thier lives. They rely on experts who tell them what it means, experts like the MSM. So like Newtons laws of gravity until an external force acts upon a resting body it does not move.
Nuke em til they glow then shoot em in the dark.
Hey Dan 2, do you think ...
March 17, 2009 - 10:36 ET by SentryDanHey Dan 2, do you think as long as people "think" that our God GIVEN RIGHTS are guaranteed, that they don't have to worry about losing them?
If anyone believes that, then it is almost certain that they will be lost because people will be unwilling to fight the very enity they believe that guarantees those rights. The government, i.e. the politicians that "We the People" are working for them, and by extension the government, so the government has the right to take away what is not theirs to take.
Most of us who have served know what the words below mean. Would you be willing to stand against a government that continues to push taking away your "Rights" which they are obligated to protect?
Remember folks, Freedom isn't Free. It was bought with the blood and sacrifice of the men and women who are serving and who have served in the U.S. Armed Forces. For those who fought for it, Freedom has a flavor that the protected will never know. Also remember folks, that the way to SUPPORT THE TROOPS is to support their mission. Anyone who says that they support the troops but don't support their mission is lying about supporting the troops. And if you want to know, yes I do have a dog in the fight, he is a United States Marine.
"Supreme Court 'Found' Gun
March 17, 2009 - 16:21 ET by NL207"Supreme Court 'Found' Gun Rights in Second Amendment"
That is about as shocking as discovering there is water in the oceans.