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WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT
United States Department of Justice - Office of Legal Counsel ^ | August 24, 2004 | DOJ

Posted on 12/17/2004 4:36:19 PM PST by TERMINATTOR

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Dang, those lawyers are long-winded! I trimmed the footnotes off. Go to the DOJ link at the top to see them.

I think they're trying to say - the right of the People to keep and bear arms shall not be infringed.

1 posted on 12/17/2004 4:36:19 PM PST by TERMINATTOR
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To: TERMINATTOR

Yup, Last paragraph says all you need to know.


2 posted on 12/17/2004 4:38:50 PM PST by konaice
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To: TERMINATTOR
"From my cold, dead hands..."
3 posted on 12/17/2004 4:38:58 PM PST by DTogo (U.S. out of the U.N. & U.N out of the U.S.)
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To: TERMINATTOR

About time someone posted it.


4 posted on 12/17/2004 4:41:03 PM PST by Tarpaulin (Look it up.)
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To: TERMINATTOR

Perhaps what's needed is a constitutional amendment that extends the definition of treason to include the actions of those who would, other than in a few specific cases, prevent citizens from keeping and bearing arms (exceptional cases would include, e.g. as a specific part of the punishment for a sufficiently-major crime, or temporarily as a consequence of being imprisoned, etc.)


5 posted on 12/17/2004 4:44:28 PM PST by supercat (To call the Constitution a 'living document' is to call a moth-infested overcoat a 'living garment'.)
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To: TERMINATTOR
The first ten Amendments of the Constitution were done to secure the rights of the people to be free from the tyranny of the state. Only the left-wing says the 2nd Amendment was for the many and not the one.
6 posted on 12/17/2004 4:48:06 PM PST by YOUGOTIT
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To: TERMINATTOR
For the foregoing reasons, we conclude that the Second Amendment secures an individual right to keep and to bear arms.

Well, of course! Why should "the People" means the People in the First, Fourth, Ninth, Tenth and Second Amendment!

Only idiotic ACLU jackwits and other Leftists think "the People" means the National Guard.


7 posted on 12/17/2004 4:56:34 PM PST by Prime Choice (Merry Christmas and a Happy New Year! ...And no, my powers can only be used for Good.)
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To: DTogo

8 posted on 12/17/2004 4:57:39 PM PST by Prime Choice (Merry Christmas and a Happy New Year! ...And no, my powers can only be used for Good.)
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To: YOUGOTIT

The left has a creative way of intergreting the constitution; even though the language has been carefully crafted to leave nothing open to interpretation. I guess the forfathers didn't count on future generations twisting the English language. (i.e. "I did not have sex with that woman...It depends on how you define 'sex'.")


9 posted on 12/17/2004 5:04:34 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: supercat

That's an excellent idea!!! Wish I'd thought of it.


10 posted on 12/17/2004 5:07:37 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: supercat

I'm curious, why the name 'supercat'?


11 posted on 12/17/2004 5:10:38 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: TERMINATTOR

Bookmarked for when I have a few free hours.


12 posted on 12/17/2004 5:10:56 PM PST by shekkian
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To: konaice
It's not about duck hunting.

/john

13 posted on 12/17/2004 5:14:43 PM PST by JRandomFreeper (D@mit! I'm just a cook. Don't make me come over there and prove it!)
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To: TERMINATTOR
The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias.

Do we really need lawyers to tell us what we can read for ourselves in the Constitution?

14 posted on 12/17/2004 5:15:27 PM PST by Noachian (A Democrat, by definition, is a Socialist.)
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To: TERMINATTOR

I don't think we should get caught up in this "either or" type argument. {Collective vs. Individual}.I believe the founding fathers claim both. How is the individual to resist tyranny unless he works together with his fellow citizen?


15 posted on 12/17/2004 5:17:32 PM PST by labette
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To: HiJinx; JackelopeBreeder

NRA & 2nd Amendment PING! PING! PING!


16 posted on 12/17/2004 5:21:32 PM PST by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: TERMINATTOR

Now here they are using the three comma version, I wish
they would make up their mind, one, two, or three.

Not that it matters to me, I understand the framers perfectly, as they intended a citizen should.

Now as to "shall not be infringed", they do not address
that here except perhaps....

"...Our analysis is limited to determining whether the Amendment secures an individual, collective, or quasi-collective right. We do not consider the substance of that right, including its contours or the nature or type of governmental interests that would justify restrictions on its exercise, and nothing in this memorandum is intended to address or call into question the constitutionality, under the Second Amendment, of any particular limitations on owning, carrying, or using firearms. ..."


17 posted on 12/17/2004 5:22:12 PM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: labette

The right is reserved for, but not restricted to the individual. I don't think anyone here would dispute need for guns by our military or police agencies.


18 posted on 12/17/2004 5:24:19 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: TERMINATTOR
Its a well written and researched piece of work - however, even these guys left open the door for some level of restrictions, hence the following:

"Our analysis is limited to determining whether the Amendment secures an individual, collective, or quasi-collective right. We do not consider the substance of that right, including its contours or the nature or type of governmental interests that would justify restrictions on its exercise, and nothing in this memorandum is intended to address or call into question the constitutionality, under the Second Amendment, of any particular limitations on owning, carrying, or using firearms."

The analysis of the last four words - shall not be infringed - are conspicuous by their absence. The last four words have not been addressed by any court over the last 100 years, including the excellent analysis done in the 5th Circuit Emerson case. These last words are the most powerful in the entire Bill of Rights; they suppose (and impose) the heavy burden of proof upon the government to show cause why anyone's RKBA should be restricted.

19 posted on 12/17/2004 5:24:46 PM PST by 45Auto (Big holes are (almost) always better.)
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To: TERMINATTOR

Who's the poor sap they're gonna send to take mine?


20 posted on 12/17/2004 5:27:08 PM PST by G Larry (Time to update my "Support John Thune!" tagline. Thanks to all who did!)
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