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Making a Hash of the Second Amendment
National Review Online ^ | April 25, 2012 | Robert VerBruggen

Posted on 04/25/2012 1:19:08 PM PDT by neverdem

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Does Jill Lepore have tenure? If so, she should lose it.
1 posted on 04/25/2012 1:19:24 PM PDT by neverdem
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To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; wku man; SLB; ...
Good article.

Click the Gadsden flag for pro-gun resources!

2 posted on 04/25/2012 1:28:56 PM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: neverdem
Good thing Robert Bork wasn't ruling on Heller...

_____________________________________________________

The Second Amendment states somewhat ambiguously: "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 first part of the Amendment supports proponents of gun control by seeming to make the possession of firearms contingent upon being a member of a state-regulated militia.

The next part is cited by opponents of gun control as a guarantee of the individual's right to possess such weapons, since he can always be called to militia service.

The Supreme Court has consistently ruled that there is no individual right to own a firearm. The Second Amendment was designed to allow states to defend themselves against a possible tyrannical national government.

Now that the federal government has stealth bombers and nuclear weapons, it is hard to imagine what people would need to keep in the garage to serve that purpose.

-- footnote Slouching Towards Gomorrah

3 posted on 04/25/2012 1:31:15 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: neverdem
Ms. Lepore's opinions maybe considered erudite and perhaps they are however, that does not make her right.

The world's largest army... America 's hunters! A non-historian added up the deer license sales in just a handful of states and arrived at a striking conclusion:

There were over 600,000 hunters this season in the state of Wisconsin .

Worth a repeat:.....................
Over the last several months Wisconsin's hunters became the eighth largest army in the world.

More men under arms than in Iran.

More than France and Germany combined.

These men deployed to the woods of a single American state, Wisconsin , to hunt with firearms, and no one was killed.

That number pales in comparison to the 750,000 who hunted the woods of Pennsylvania, and Michigan's 700,000 hunters, all of whom have now returned home safely.

Toss in a quarter million hunters in West Virginia and it literally establishes the fact that the hunters of those four states alone would comprise the largest army in the world.....And then add in the total number of hunters in the other 46 states..It's millions more.

The point?

America will forever be safe from foreign invasion with that kind of home-grown firepower.

Hunting -- it's not just a way to fill the freezer. It's a matter of national security and carries the weight of the Second Amendment to all Americans regardless of some professor's misrepresenting same.

4 posted on 04/25/2012 1:45:38 PM PDT by yoe
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To: neverdem
If anyone wants to spend their life in a college and be a professing Marxist, they too can become a Harvard historian.

This simple-minded slug is a perfect example of what should become known as The Obama Principle: Rising within the Leftist milieu equal to the level of your hatred of America. "Harvard historian" is pretty high, but "President of the United States" is almost as high as you can go.

The only level above president is "Chairman of Soros Fund Management".

5 posted on 04/25/2012 1:51:12 PM PDT by Dr. Thorne (Don't vote for anyone who worked for Goldman Sachs)
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To: neverdem
“a gun is a machine made to fire a missile that can bore through flesh”

Like that's a bad thing. I actually like that line, it would work well in a tough guy movie.

6 posted on 04/25/2012 2:07:07 PM PDT by Teotwawki (To Him be the glory throughout all generations.)
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To: Ken H

And we have to thank Ted Kennedy for Borking him! God works His will in strange wasys.


7 posted on 04/25/2012 2:21:56 PM PDT by neverdem (Xin loi minh oi)
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To: 2nd amendment mama

ping!


8 posted on 04/25/2012 2:34:43 PM PDT by basil (It's time to rid the country of "gun free zones" aka "Killing Fields")
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To: Teotwawki

Good catch; and, yes, it would work well in a movie.


9 posted on 04/25/2012 2:48:45 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: neverdem

There are well over 20,000 gun laws on the books today and not one of them will prevent the next gun crime.

Laws are written to control the law-abiding. Criminals could care less.

That’s why they are called criminals!


10 posted on 04/25/2012 3:05:32 PM PDT by DustyMoment (Congress - Another name for white collar criminals!!)
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To: neverdem
From the article: "In Miller, the court ruled that because a sawed-off shotgun serves no militia purpose, the right to keep and bear one is not covered by the Second Amendment. "

Actually, Miller was even more in tune with a proper reading of the Second Amendment than that.

The District Court originally dismissed the charges against Miller and his co-defendant Layton, simply citing the Second Amendment.

It was the prosecution who appealed and the Supreme Court accepted a direct appeal, bypassing the Circuit Court of Appeals.

The Supreme Court's ruling in Miller REJECTED the collective-right nonsense. What the Court did say was that they had no evidence to indicate whether a short-barreled shotgun was useful to a Militia, mainly because no trial had ever been held.

The Supreme Court reversed the District Court's dismissal and REMANDED the case back to that lower court. The intention was to have the trial court determine whether a short-barreled shotgun was useful to a Militia. Since short-barreled shotguns had been used in World War I, the so-called "trench gun", it would have been a piece of cake to overturn the National Firearms Act of 1934. There would have been no expectation that Miller had to be a member of a "Militia".

Unfortunately, before any action took place in the lower court, Miller died and Layton evidently copped a plea so nothing further was done with the case; with the exception that every lower court after that seemed to claim that the Miller decision established that the Second Amendment protected only state-organized Militia's. The Supreme Court committed treason in later years by failing to take cases which would right this terrible wrong.

11 posted on 04/25/2012 3:07:10 PM PDT by William Tell
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To: neverdem

The best way to describe Jill Lepore is “vehement”.

She vehemently hates the Tea Party. And guns. And conservatives. And the constitution.

She vehemently supports Obamacare.


12 posted on 04/25/2012 3:52:43 PM PDT by yefragetuwrabrumuy ("It is already like a government job," he said, "but with goats." -- Iranian goat smuggler)
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To: neverdem

These are people who would have been saying people shouldn’t be walking around with swords or knives for protection a couple hundred years ago when these were more mainstream “arms” of that day.

We didn’t have nearly as high percentage of the population back then have no morals and act as rabid animals as they do now. almost everyone was Christian or respected the principles of Christianity, were far more self-controlled than most people today. Plus justice and punishment was SWIFT in those days. Nobody sitting around trying to understand why Johhny or Jane murdered someone and there’s too may of this class of person in jail.


13 posted on 04/25/2012 3:53:12 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: William Tell
The Supreme Court committed treason in later years by failing to take cases which would right this terrible wrong.

The syllabus for U.S. v. Miller, which was written by staffers rather than any of the justices, says that the Court found the Second Amendment only protects state militias; at least one lower court cases cites language which appears in the syllabus but not in the actual decision in finding that the Second Amendment only protects state militias. It is unfortunate that the U.S. Supreme Court has been unwilling to take cases which would overturn the syllabus.

14 posted on 04/25/2012 4:13:42 PM PDT by supercat (Renounce Covetousness.)
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To: yoe

And there are a *lot* of folks who don’t hunt, who can still hit what is downrange. Just sayin’.


15 posted on 04/25/2012 8:15:26 PM PDT by FreedomPoster (Islam delenda est)
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To: neverdem
Perhaps Jill should knock on my Front door and try to confiscate my Firearms.

Nope, she would just Vote in a Democrat who will send the Brownshirts to do the job she is too scared to do. I'm still trying to get my head around the idea of a Democrat Gun Owner. How do they function in life with such an allegiance to a movement based on restricting the Rights of their fellow Citizens?

16 posted on 04/25/2012 8:30:06 PM PDT by Kickass Conservative (A day without Obama is like a day without a Tsunami.)
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To: yoe
Hunting -- it's not just a way to fill the freezer. It's a matter of national security and carries the weight of the Second Amendment to all Americans regardless of some professor's misrepresenting same.

We need to find a vertical, smooth cliff face overlooking a long valley somewhere in the west, and carve that quote into the living rock in letters 20 feet high and four feet deep -- and gilded.

17 posted on 04/25/2012 8:39:52 PM PDT by lentulusgracchus
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To: yefragetuwrabrumuy
The best way to describe Jill Lepore is “vehement”.

How about "hypocrite."

She's a bleeding heart liberal who is vehemently supportive of the same collective philosophy that murdered 200 million of its own people - and it doesn't bother her a bit. She'll slice and dice words all day long to get around it, while openly raging against the free market and conservatives.

She should be made to live in a house filled with the skulls of those murder victims, until she admits to herself what she really supports.

18 posted on 04/25/2012 11:03:45 PM PDT by Talisker (He who commands, must obey.)
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To: supercat
supercat said: "The syllabus for U.S. v. Miller, which was written by staffers rather than any of the justices, says that the Court found the Second Amendment only protects state militias..."

That's not my recollection. Can you provide details?

19 posted on 04/25/2012 11:10:11 PM PDT by William Tell
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To: William Tell
Please do not take my comment's as any way of a attack, but meant only to maybe bring a different view.

First off, from what I've heard about the "Miller case" United States v. Miller , 307, U.S., 174 (1939), before the SCOTUS, was that Miller was acting Pro Se, and did not have the money necessary to file any brief(s).

Remember this would have been a time when just copying cost(s) would have been thousands of dollar's, think "mimeograph machine(s)." See https://en.wikipedia.org/wiki/Mimeograph.

I don't know if my thought's are correct (Apparently they are, just slightly different from what I stated above) Reference Miller having not responded to any of the filings @ the SCOTUS, but maybe some else can add some information.

From http://encyclopediaofarkansas.net/encyclopedia/entry-detail.aspx?entryID=4742

5th (Fifth Paragraph) "Gordon Dean argued United States v. Miller et al. before the Supreme Court on March 30, 1939.

Defense counsel Gutensohn did not appear, sending a telegram to the Court on March 28, stating that his clients had been unable to pay him for his services."

20 posted on 04/25/2012 11:45:44 PM PDT by Stanwood_Dave ("Testilying." Cop's don't lie, they just Testily{ing} as taught in their respected Police Academy.)
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