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Why 27 Words of the Second Amendment are Not Enough in a 2A Court Case
AmmoLand ^ | July 28, 2023 | Dean Weingarten

Posted on 08/02/2023 5:10:07 AM PDT by marktwain

Related to a recent article about how Judge Roger T. Benitez is working hard on defending the Second Amendment of the U.S. Constitution against numerous infringements created by the California government, a poster wrote:

Working hard.?? What is it, like twenty-seven words.?

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. 

Many Second Amendment supporters feel similar frustrations. Sometimes the complaint is shortened to four words: …” shall not be infringed“!

Perhaps the most famous case where a judge simply quoted the Second Amendment was the case of U.S. v Miller, brought to the Supreme Court in 1939 by the anti-Second Amendment Roosevelt administration with the connivance of the Roosevelt-appointed anti-Second Amendment judge Heartsill Ragon. From a previous AmmoLand article:

 Then in 1939, the Miller case was set up by  Heartsill Ragon. Ragon was an anti-Second Amendment ideologue and a President Franklin Delano Roosevelt (FDR) ally appointed from Congress to the federal judgeship. The case went to the Supreme Court without opposing counsel or briefs. The Supreme Court refused to rule on whether a sawed-off shotgun (having not been presented with any evidence to the contrary) was an arm protected by the Second Amendment.

The problem with simply saying “What is it, like 27 words?’ or “Shall not be infringed” is the primary power of leftists/progressives has always been the power to control the language by insisting on their definitions and their interpretations of language. The Progressive response to the Second Amendment has been “it is a collective right,” not an individual right, or that “the people” mean only state governments or consists of those people which governments allow to exercise

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


TOPICS:
KEYWORDS: 2a; banglist; court; itmeanswhatitsays; logic
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To: drwoof
There is no longer any understanding of history, why our nation was founded, and upon what principles it is based.

We can thank our indoctrination centers (schools) for that.

21 posted on 08/02/2023 6:44:54 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: ClearCase_guy

Bingo. And people don’t understand that a militia is by definition and armed force created out of the citizenry. Disarming citizens prevents the formation of the militia our founding fathers correctly deemed essential to preservation of a free state.


22 posted on 08/02/2023 6:51:13 AM PDT by drwoof
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To: Bob434

God created man; Sam Colt made them equal.


23 posted on 08/02/2023 7:46:13 AM PDT by JimRed (TERM LIMITS, NOW! Militia to the border! TRUTH is the new HATE SPEECH.)
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To: marktwain
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.

If the 2nd Amendment were originally written to read this way would it change the meaning of it? ...

A well regulated Militia, being necessary to the security of a free State The moon, being made of green cheese, the right of the people to keep and bear Arms, shall not be infringed.

24 posted on 08/02/2023 8:03:16 AM PDT by Gritty (The issue is never the issue. The issue is always the Revolution. - Saul Alinsky)
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To: marktwain

25 posted on 08/02/2023 8:48:50 AM PDT by smokingfrog ( sleep with one eye open (<o> --- )
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To: drwoof
There is no longer any understanding of history, why our nation was founded, and upon what principles it is based.

This is NOT true!

Kids know that our nation was founded because after we ransacked and killed as many innocent, dow-eyed Native Americans, we needed to throw off the controls of England - as Great Britain was outlawing slavery in the 1600s (America just hadn't gotten the news)!

More importantly, England was turning away from its Imperialistic ways, and surely they would have returned the stolen lands of North America to the "mostly peaceful", loving, caring, sharing Native Americans, so the United States HAD to defeat the King, or they would have all been put on ships and sent back to England!

I believe that is how they tell of our founding today! Or something eerily similar and completely bereft of facts!
26 posted on 08/02/2023 9:48:45 AM PDT by ExTxMarine
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To: Lockbox; marktwain; DugwayDuke; Colo9250
There was a well-researched article recently with a link to a legal article that posited that the First Amendment was currently in a “Lochnerian form.”

Now…I’m not a lawyer, but I like to keep up with things - I have NEVER heard of such nonsense.

I checked out the accompanying footnote…

” See Jeremy K. Kessler & David E. Pozen, Introduction, The Search for an Egalitarian First Amendment, 118 COLUM. L. REV. 1953, 1959–64 (2018) (reviewing the contemporary debate over “First Amendment Lochnerism,” id. at 1962). Roughly speaking, First Amendment Lochnerism refers to “a First Amendment jurisprudence that disables redistributive regulation and exacerbates socioeconomic inequality.” Id. at 2007.”

” exacerbates socioeconomic inequality”? Ok…I’ll bite.

Why has First Amendment law become such a prominent site for struggles over socioeconomic inequality? Do First Amendment theory and precedent contain egalitarian elements that can be recovered? And what might a more egalitarian First Amendment look like today?

This 59-pages is tough to read, because you have to become detached from reality. It’s word salad like I’ve seen few times in my life.

But because it’s “scholarly” it’ll get picked up and it’ll hit the MSM. Thus, it requires a fortress-like defense and several forms of intellectual ordnance to beat into submission.

In short, we’re at a point where we MUST get AHEAD of these cretins. We MUST establish the intellectual beachhead, so these jack wagons have to come to our Home Stadium. Otherwise, we have to play an Away game we’re the rules AND officials are bent toward the enemy.

27 posted on 08/02/2023 9:50:47 AM PDT by DoodleBob (Gravity’s waiting period is about 9.8 m/s²)
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To: marktwain

Heller clearly stated it’s not a “collective” right, but an Individual Right.


28 posted on 08/02/2023 9:57:38 AM PDT by Dead Corpse (A Psalm in napalm...)
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To: Dead Corpse
Heller clearly stated it’s not a “collective” right, but an Individual Right.

Yes. It was unanimous the right was an individual right. The Leftist judges insisted it was an individual right to join a militia.

29 posted on 08/02/2023 10:00:01 AM PDT by marktwain
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To: unixfox

Should have happened back when the Branch Davidians were burned to death over baseless allegations and tax stamps on their FFL.

Should have happened when Vicky and Sammy Weaver were murdered over a shotgun with an 18” barrel length.

Should have happened when Heemeyer’s business was run into the ground by the City Council.

When the Bundy’s were cut off from grazing land and LaVoy Finicum was executed with his hands in the air...

With election fraud codified in law, J6 people as POLITICAL prisoners, light bulb bans absent any kind of legislation...

We are WAY past due time... Tree of Liberty is a desiccated husk.


30 posted on 08/02/2023 10:02:16 AM PDT by Dead Corpse (A Psalm in napalm...)
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To: marktwain
obiter dictum is not dicta. Dissent has no bearing on the majority decision.
31 posted on 08/02/2023 10:04:19 AM PDT by Dead Corpse (A Psalm in napalm...)
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To: marktwain

Bttt.

5.56mm


32 posted on 08/02/2023 10:38:16 AM PDT by M Kehoe (Quid Pro Joe and the Ho have got to go)
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To: DoodleBob
Also had to look up the word ‘Lochnerian’. Bottom line “court by using its interpretation of substantive due process to strike down laws“. So I guess I can use my non-legal training to state “I don’t need to follow the law because my interpretation says I don’t”.

See we can all play the interpretation game! 1st there’s parsing of words and now we have interpretations......

33 posted on 08/02/2023 10:47:36 AM PDT by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: unixfox
Eventually it will come down to using our weapons against our so called government to protect our God given rights.


34 posted on 08/02/2023 11:10:16 AM PDT by MacNaughton
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To: Lockbox

The key, is establishing Home Ice advantage.

We have it on most of the Bill of Rights.

The left has it on pop culture.

It’s not impossible to win without Home Ice advantage. Some actually flourish - the St Louis Blues did a few years ago.

We seem to throw the first two home games lately.


35 posted on 08/02/2023 11:13:10 AM PDT by DoodleBob (Gravity’s waiting period is about 9.8 m/s²)
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To: unixfox

And it in no way helps when the POTUS (any person, any party) tells citizens that he does not work for them. That right there should be grounds for impeachment. Brandon was correct though, he only works for the Biden Family Crime organization. Again, grounds for impeachment.


36 posted on 08/02/2023 11:57:55 AM PDT by jpp113
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