Thursday, June 26, 2008
Jason Reads the Heller Decision (So You Don't Have To!)
Well, you don't have to. But I recommend you do, because the majority decision, written by Justice Scalia, is rich with historical evidence and anecdote from the founding era.
But if you are pressed for time, the Scalia's decision, for the 5-4 majority, can be encapsulated into four main points:
1.) The right to keep and bear arms is an individual, not a collective right.
2.) The right extends not just to service in a militia, but also for the purposes of self defense.
3.) The right applies to firearms in current common usage. The argument some raise that the 2nd Amendment protects only arms in existence in the 17th century "borders on the frivolous."
4.) Justice Stevens is an idiot.
Splash, out
Jason
But if you are pressed for time, the Scalia's decision, for the 5-4 majority, can be encapsulated into four main points:
1.) The right to keep and bear arms is an individual, not a collective right.
2.) The right extends not just to service in a militia, but also for the purposes of self defense.
3.) The right applies to firearms in current common usage. The argument some raise that the 2nd Amendment protects only arms in existence in the 17th century "borders on the frivolous."
4.) Justice Stevens is an idiot.
Splash, out
Jason
Comments:
Ayup. Scalia didn't mince words with Stevens: 'dead wrong', 'flatly misread', etc... its pretty entertaining, actually.
What I found most illuminating is that the second amendment guarantees my right among other things, to wear armor.
And there seems to be a guarantee to "bear arms" in a way which does not involve a weapon of any kind on my person.
Very interesting
And there seems to be a guarantee to "bear arms" in a way which does not involve a weapon of any kind on my person.
Very interesting
Not only wear armor, but also bear 'arme blanche'.
Excuse me while I go order a few swords and halberds and poignards and helmets and things.
Excuse me while I go order a few swords and halberds and poignards and helmets and things.
I hadn't even thought about knives. But I would guess your correct. I wonder what effect this ruling will have on knife rules. I'm guessing that if you have it strapped to your belt, it's not concealed.
SCA = Society for Creative Anachronism.
Triumph the Insult Dog would wet himself over the chance to interview those guys!
Post a Comment
Triumph the Insult Dog would wet himself over the chance to interview those guys!
