Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

YOUR OPINION: Second Amendment protects an already existing individual right
The Patriot Ledger ^ | 1 April, 2008 | LAURESS BEAN

Posted on 04/01/2008 7:40:16 PM PDT by marktwain

CARVER — Regarding the Scripps Howard column of March 24, 2008: “Is gun ownership really an individual right?”

Ben Boychuck got it right in the column. The Second Amendment protects an individual right.

Mind you, it does not give one a right. It protects a pre-existing, inherent right of self-defense. It is impossible to view it as anything else, given all other individual rights protection guaranteed by the Bill of Rights.

To say the Second Amendment is some sort of group right is preposterous. Joel Mathis, on the other hand, made an interesting point bringing up O.W. Holmes’ observation that the First Amendment doesn’t give one the right to yell “fire” in a crowded theater.

This is true, but no one is allowed to stuff a rag into your mouth upon entering that theater to prevent you from doing just that. That would amount to prior constraint – a la a handgun ban preventing you from defending yourself.

In fact, one would be obligated to yell if there was a fire. I don’t think Holmes was suggesting you quietly remove yourself from a burning theater leaving there the rest to die without warning anybody.

The D.C. ban on handguns in the home only prevents self-preservation, and it was enacted because of a horrific crime (read: murder) rate. It punished the innocent to get at the guilty, but did nothing but foist a huge increase in homicides on the street.

So this is how the politicos have fixed the problem. To them it would seem that winking and nodding at a blind horse really works.

Few cases decided by the “Supremes” are unanimous. In some sort of “woe is me” prediction, Mathis is resigned to a five-to-four vote. I believe the vote will weigh more heavily toward striking down the Washington, D.C., ban.

LAURESS BEAN

Carver


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Massachusetts
KEYWORDS: amendment; banglist; constitution; gun
Navigation: use the links below to view more comments.
first previous 1-2021-26 last
To: marktwain

Who cares what anyone thinks about individual or group right. That is not important. The amendment, at least the action part of the sentence,”the right of the people to keep and bear arms shall not be infringed.”

The only way you can read that statement is that NO LAWMAKER can infringe on the “right of the people.

WHAT PART OF “SHALL NOT BE INFRINGED” DON’T THEY UNDERSTAND?


21 posted on 04/02/2008 10:05:05 AM PDT by Big Mack (I didn't claw my way to the top of the food chain TO EAT VEGETABLES!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: djf
So why should the law be for what somebody may do?
22 posted on 04/02/2008 10:22:43 AM PDT by wastedyears (The US Military is what goes Bump in the night.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: c-b 1

“How is it that no one seems to understand that the “Bill of Rights” including, the Second Ammendment, was put in place for one purpose, to restrict the Government. “

Because anti’s are a group of people who believe in enabling and expanding the government. It’s like pushing a rope .....


23 posted on 04/02/2008 10:51:49 AM PDT by Disturbin (Liberals: buying votes with your money)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Big Mack

“WHAT PART OF “SHALL NOT BE INFRINGED” DON’T THEY UNDERSTAND?”

The SHALL and INFRINGED parts.


24 posted on 04/02/2008 10:53:12 AM PDT by Disturbin (Liberals: buying votes with your money)
[ Post Reply | Private Reply | To 21 | View Replies]

To: marktwain
People love to quote the "shouting fire in a crowded theater" statement, but there is always the reply...

"But what if there is a fire in a crowded theater?"

25 posted on 04/02/2008 5:58:38 PM PDT by Hunble
[ Post Reply | Private Reply | To 1 | View Replies]

To: Disturbin
Time to push the "RESET" switch.

As you and I both know, the language was rather specific and easy to understand.

The government is not allowed to infringe upon this basic human right in any way.

26 posted on 04/02/2008 6:03:23 PM PDT by Hunble
[ Post Reply | Private Reply | To 24 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-26 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson