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Justice Stevens: The five extra words that can fix the Second Amendment
Washington Post ^ | April 12, 2014 | John Paul Stevens

Posted on 04/12/2014 9:15:49 AM PDT by lilyramone

John Paul Stevens served as an associate justice of the Supreme Court from 1975 to 2010. This essay is excerpted from his new book, “Six Amendments: How and Why We Should Change the Constitution.”

Following the massacre of grammar-school children in Newtown, Conn., in December 2012, high-powered weapons have been used to kill innocent victims in more senseless public incidents. Those killings, however, are only a fragment of the total harm caused by the misuse of firearms. Each year, more than 30,000 people die in the United States in firearm-related incidents. Many of those deaths involve handguns.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism
KEYWORDS: 2ndamendment; alreadyposted; banglist; gungrabbers; johnpaulstevens
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This "fix" is from the Opinion section of course. What is the saying......everyone has one....
1 posted on 04/12/2014 9:15:49 AM PDT by lilyramone
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To: lilyramone
here's five words for him, ESAD Azzzhole...
2 posted on 04/12/2014 9:18:08 AM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: lilyramone

and some people ARE one ;-)

Contrary to Stevens opinion and the Common Core example, the Constitution and Bill of Rights are not targets for group wordsmithing.


3 posted on 04/12/2014 9:18:10 AM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: lilyramone

Hey JP, if and when Americans want any more crap out of you, we’ll unscrew your head and dip it out.


4 posted on 04/12/2014 9:19:40 AM PDT by FlingWingFlyer (Obama's smidgens are coming home to roost.)
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To: lilyramone
Try this "Justice" Stevens, you stinking Pinko...

A well regulated Militia, being necessary to the security of a free State, [T]he right of the people to keep and bear Arms shall not be infringed.”

5 posted on 04/12/2014 9:19:59 AM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: lilyramone

How about a fix of the pharmaceutical industry justice ssss?

Zoloft ambien.

Too much power there?


6 posted on 04/12/2014 9:20:24 AM PDT by stanne
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To: lilyramone
Problem with his "fix" is that it does not fix it at all. In fact it "breaks" it in the sense that it completely changes the meaning of it.

So this is not a "fix" but a complete redirection. No. In fact H**L NO!

7 posted on 04/12/2014 9:21:38 AM PDT by ThunderSleeps (Stop obarma now! Stop the hussein - insane agenda!)
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To: lilyramone

If @$$holes could fly, the Supreme Court would be an airport.


8 posted on 04/12/2014 9:22:54 AM PDT by Jeff Chandler (Obamacare: You can't make an omelette without breaking a few eggs.)
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To: lilyramone

I got two words for him and they ain’t Happy Birthday.


9 posted on 04/12/2014 9:23:08 AM PDT by hometoroost
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To: lilyramone

Each year, more than 30,000 people die in the United States in firearm-related incidents. Many of those deaths involve handguns.


.....the majority of which are suicides.


10 posted on 04/12/2014 9:23:29 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: lilyramone

His recommendation to change it to “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms when serving in the militia shall not be infringed.” acknowledges that it currently has nothing to do with service in the Militia.

Thank you former Justice Stevens.


11 posted on 04/12/2014 9:23:52 AM PDT by GMMC0987
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To: lilyramone

Funny, I thought it was a judge’s responsibility to correctly interpret the law, not “fix” society.


12 posted on 04/12/2014 9:24:47 AM PDT by Rinnwald
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To: lilyramone
To ssave you from reading his idiocy here it is" “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”
13 posted on 04/12/2014 9:25:16 AM PDT by Mr. K (If you like your constitution, you can keep it...Period. PALIN/CRUZ 2016)
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To: lilyramone

For more than 200 years following the adoption of that amendment, federal judges uniformly understood that the right protected by that text was limited in two ways: First, it applied only to keeping and bearing arms for military purposes, and second, while it limited the power of the federal government, it did not impose any limit whatsoever on the power of states or local governments to regulate the ownership or use of firearms. Thus, in United States v. Miller, decided in 1939, the court unanimously held that Congress could prohibit the possession of a sawed-off shotgun because that sort of weapon had no reasonable relation to the preservation or efficiency of a “well regulated Militia.”


Apparently he is unfamiliar each with the history, and the cases.


14 posted on 04/12/2014 9:26:04 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Jeff Chandler

If assholes could fly,former justice Stevens would be in orbit right now.He’s just another liberal sore loser.


15 posted on 04/12/2014 9:28:04 AM PDT by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: Mr. K

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed. All citizens are members of the militia, and in service.”


16 posted on 04/12/2014 9:28:20 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: lilyramone
....when serving in the militia....

I'm exquisitely pleased this bastard no longer has a say in interpreting anything with respect to the Bill of Rights. Had the founders wanted to limit the right to bear arms only to 'militia service' they would have said such.

I have them, come and take them - I WILL use them.

17 posted on 04/12/2014 9:28:41 AM PDT by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: lilyramone

“When I joined the court in 1975, that holding (US vs Miller) was generally understood as limiting the scope of the Second Amendment to uses of arms that were related to military activities.”

That’s because no one learns original intent any more. But as far as states rights, they might want to read the 14th Amendment. From Wikipedia: The Due Process Clause prohibits state and local government officials from depriving persons of life, liberty, or property without legislative authorization. This clause has also been used by the federal judiciary to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural requirements that state laws must satisfy.


18 posted on 04/12/2014 9:28:51 AM PDT by Twotone (Marte Et Clypeo)
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To: lilyramone
Left wingers are hilarious. Here Stevens is suddenly an advocate of states rights.

Of course he'll very quickly return to federalism when it suits the issue being discussed.

19 posted on 04/12/2014 9:28:57 AM PDT by skeeter
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To: GMMC0987

You are correct, of course. However, that fact will be intentionally lost on any mainstream media interpretation of this asshole’s book, article, whatever.


20 posted on 04/12/2014 9:30:57 AM PDT by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: lilyramone

Mr Steven makes it crystal clear in this article that he is not competent to serve as a judge. Seems he can not figure out the difference between an actual statement of law like “the right of the people to keep and bear arms shall not be infringed” and a listed motivation for having such a law “a well regulated militia being necessary for the security of a free state”. This is very very very simple and obvious. Its not really a thing rational competent people can disagree with. Unless he is a complete idiot, he is a fraud—either way it is disgraceful that he is a judge.


21 posted on 04/12/2014 9:31:21 AM PDT by AndyTheBear
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To: Chode

We are one scotus judge away from this a$$hole’s fix. He!!, Roberts may be the one.


22 posted on 04/12/2014 9:32:48 AM PDT by Eagles6 (Valley Forge Redux)
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To: lilyramone

Gerald Ford, you effin idiot


23 posted on 04/12/2014 9:33:13 AM PDT by A_Former_Democrat (Hey 2008, we told you so)
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To: Eagles6
i heard that...
24 posted on 04/12/2014 9:35:32 AM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: GMMC0987

What a moron Stevens is.

IF the 2A was only referring to active militia service, IT WOULD BE UNNECESSARY.

Why ?

Easy: What is a militia without arms ?

It goes WITHOUT SAYING that a militia will have arms.

YOU DON’T NEED AND AMENDMENT TO THE CONSTITUTION TO DECLARE THAT MILITIAS WILL BE ARMED.

It therefore must be talking about the right to bear arms when NOT in a militia.

As it mentions an effective militia for the basis of its reasoning, it’s obviously saying, in modern parlance - since we know we need an effective militia, and that having one means we have to have people good at using arms, people will have the right to bear arms without restriction, so they can maintain their proficiency with them.


25 posted on 04/12/2014 9:38:34 AM PDT by PieterCasparzen (We have to fix things ourselves)
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To: lilyramone

Here are five words for the eminent Justice: F*** you, John Paul Stevens.


26 posted on 04/12/2014 9:42:15 AM PDT by Dr. Thorne ("How long, O Lord, holy and true?" - Rev. 6:10)
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To: lilyramone

Amazing how so many ‘smart’ people are so horribly ignorant. It’s not about defending the country from outsiders. It’s about citizens protecting themselves from tyranny.

Oh, and it isn’t about hunting for dinner either.


27 posted on 04/12/2014 9:43:25 AM PDT by ilgipper
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To: stanne
Liberals have a problem with the right to bear arms but they don't have a problem with all the phony rights they make up. Rights like, a women's right to kill her unborn baby, the right of homo marriage, the right to health care and the rights of millions of illegals who sneak across our borders to steal our jobs, money and identities.
28 posted on 04/12/2014 9:44:35 AM PDT by peeps36 (I'm Not A Racist, I Hate Douchebags of All Colors)
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To: GMMC0987
I think we owe him a favor. The rewording is so contrived and ridiculous. If the 2nd Amendment had been worded that way all along, when would it ever have been an issue? A member of the National Guard uses a gun to shoot a looter after a hurricane: Was it a Constitutional act or not?

What if there were amendments like:

The right of the people to engage in sexual intercourse within a marriage between a man and a woman shall not be infringed.

The liberals would go apes__t!

29 posted on 04/12/2014 9:46:12 AM PDT by who_would_fardels_bear
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To: lilyramone

“Repeal this and you’re screwed”


30 posted on 04/12/2014 9:48:30 AM PDT by VanDeKoik
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To: lilyramone
Each year,more than 1,120,775 people die in the United States in abortion-related incidents. Many of those deaths involve abortion.

He has no problem with that,he says it's a right in the U.S. Constitution.

31 posted on 04/12/2014 9:51:19 AM PDT by mdittmar
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To: lilyramone

HIs logic is all over the place. First he says we need to add five words to the 2nd amendment, then, knowing that won’t happen, he presses for further legislation by insisting that the Heller ruling didn’t over-rule Miller. Either argument is coherent; together they are nonsense. Why would an intelligent man be so stupid? Because he is, not a reasonable man, but an ideologue bent on deceit: How can any sane, reasonable man argue that an AR-15 is not a useful weapon for defending one’s home? Or that it’s not what a militiaman might train with?

Gun-grabbers always reach first for the guns most useful for defending one’s liberty and prosperity, and last for the guns used by criminals to deprive people of liberty and prosperity. Why is that?


32 posted on 04/12/2014 9:51:28 AM PDT by dangus
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To: who_would_fardels_bear

Even further, “between one man and one woman” . . . what would the Muslims and their liberal “allies” then say?


33 posted on 04/12/2014 9:52:29 AM PDT by Olog-hai
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To: lilyramone

Save those with colostomies.


34 posted on 04/12/2014 9:53:26 AM PDT by Olog-hai
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To: who_would_fardels_bear
Just some more wordsmithing...

"The right of the people to engage in sexual intercourse within a marriage between a man and a woman, being necessary for the general welfare of a free state, shall not be infringed."

35 posted on 04/12/2014 9:53:46 AM PDT by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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To: lilyramone

Stevens......go read James Madison’s ‘Federalist 46’ then shut the F up!
Oh, yah, and go change your Depends. You stink.


36 posted on 04/12/2014 9:53:55 AM PDT by Sivad (NorCal red turf)
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To: lilyramone

A “well-regulated Militia” IMHO is simply one that conducts itself properly, i.e. has not devolved into a predatory gang.

The numbers are irrelevant. Your family is a militia to protect family members and the home.

Government organization and command is not mandated. Citizens have a right to organize for training and self-defense if they wish.

Any armed citizens who respect the rights of others and may or may not organize into a larger body constitute a well-regulated militia.

-Judge Heartwood

PS Judge Stevens you use many many words to get to your five words that nullify a basic Constitutional right.


37 posted on 04/12/2014 9:58:23 AM PDT by heartwood
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To: lilyramone

These judges and politicians should be hung for what they’ve done to our nation.

Give them a quick trial, and hang their A$$es!


38 posted on 04/12/2014 9:59:17 AM PDT by Artcore
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To: lepton

Are you sure about that? I don’t think that’s so.

But a very large percentage are gangbangers offing each other / people who dissed them. It’s a societal issue no one wants to talk about, so you get this general “more gun control” nonsense from many.


39 posted on 04/12/2014 9:59:32 AM PDT by FreedomPoster (Islam delenda est)
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To: Artcore

“These judges and politicians should be hung for what they’ve done to our nation.”

______________________________________________________

Just so the grammar police to blow a head gasket, I should’ve said HANGED!


40 posted on 04/12/2014 10:00:58 AM PDT by Artcore
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To: lilyramone
The Constitution doesn't need to be "fixed", it needs to be followed!

Scouts Out! Cavalry Ho!

41 posted on 04/12/2014 10:07:01 AM PDT by wku man (We are the 53%! http://www.youtube.com/watch?v=YUXN0GDuLN4)
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To: lilyramone
When serving in the Milita

So are they saying that we have a problem with our state militias, the National Guards, not arming their soldiers? Why would they say that soldiers have a right to be armed? Do they think that we would send them into battle unarmed? Those 5 words make no sense at all.
42 posted on 04/12/2014 10:07:33 AM PDT by mikeandike
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To: lilyramone

So this senile old commie thinks guns should only be posessed by the “militia”? And that’s considered an original idea?


43 posted on 04/12/2014 10:18:56 AM PDT by ozzymandus
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To: lilyramone

There are words that could fix the Constitution in the other direction.

For example, you could take out the reference to a militia completely.

Or you could amend the 2nd Amendment to read that the right to bear arms will be regulated by the President.

But what we have is what we have and I’m satisfied that a US citizen has the right to bear arms (whatever ‘bear’ means)as an individual.


44 posted on 04/12/2014 10:21:52 AM PDT by wildbill
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To: lilyramone

The amendment, as Stevens alters it, makes no sense.

Has any government (or anyone else) ever questioned the right of citizens to bear arms in a government sponsored militia? Why would anyone bother to declare such a right?

The only reason it makes any sense at all for the amendment to be included in the BOR is if it is a declaration that free people possess the right to bear arms in spite of their government’s wishes.

Take any right and filter it through the necessity of a government-run organization and it ceases to have any meaning whatsoever, nor then in that form is it a “right” that has ever been in dispute.


45 posted on 04/12/2014 10:28:31 AM PDT by chrisser (Senseless legislation does nothing to solve senseless violence.)
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To: lilyramone
MODERNMILTIAMOVEMENT.COM

Get involved with your state group. This is how to keep the a$$clowns in check. Just ask the BLM.

46 posted on 04/12/2014 10:31:50 AM PDT by Salvavida (The restoration of the U.S.A. starts with filling the pews at every Bible-believing church.)
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To: lilyramone

This kind of caca would be nipped in the bud if EVERY session of the SC would be televised.

IMO it is a disgrace that the people of the US can not watch the ultimate court in the land while they go about the people’s business.


47 posted on 04/12/2014 10:38:19 AM PDT by Cyman (We have to pass it to see what's in it= definition of stool sample)
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To: lilyramone

God’s laws and naturally endowed rights never change. Hard concept for idiots to grasp.


48 posted on 04/12/2014 10:47:30 AM PDT by Politicalkiddo (The more helpless the victim, the more hideous the assault.)
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To: lilyramone
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”

Idiotic. It would change the meaning of the law so that only people in the service of the government could have guns. The point of all amendments to the Constitution is to limit, not strengthen, the power of the government.

49 posted on 04/12/2014 10:53:20 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: Cyman

The audio is already on C-Span. Having the video would simply drive the judges and lawyers to make it even more of a political show than it already is. It makes me want to puke when I hear the lies and deception and flawed logic.

Having it on C-Span doesn’t stop the flow of lies, deception, corruption that spews out of SCOTUS.

Our legal system needs an enormous housecleaning, it’s chock full of unrepentant criminal, vile, immoral people.


50 posted on 04/12/2014 10:54:36 AM PDT by PieterCasparzen (We have to fix things ourselves)
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