To: robertpaulsen
"It's a right only held when one is a member of a group.
How can "freedom of assembly" be an individual right?"
I believe you are confusing the act or condition of assembly with the individual right to assemble. Acting in concert with one or more individuals in the expression of an individual right, does not create a collective right.
It is, perhaps, a subtle point; nonetheless it is important.
I leave you with the following question (Posed by Professor La Paz in Robert Heinlein's novel, "The Moon is a Harsh Mistress) to ponder: Are there any group or collective rights that are not individual rights as well? (my paraphrase)
This assignment is for the entire class, not just Robert! :>)
100 posted on
07/14/2006 12:22:33 PM PDT by
Panzerlied
("We shall never surrender!")
To: Panzerlied
"Are there any group or collective rights that are not individual rights as well?"There are rights that you have as a member of a group that you do not have as an individual (ie., not part of the group). A union member, for example. If that was your question.
The subject was state Militias -- let's not get too far away from that.
The lower federal courts have ruled that the second amendment protects the right of individuals to keep and bear arms as members of a state Militia. That has been called by some as the "collective rights" interpretation of the second amendment.
That means that if you are not a member of a state militia, the second amendment does not protect your individual right to keep and bear arms -- THAT protection is given by your state constitution.
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