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To: RockinRight

Held:
1. The Second Amendment protects an individual right to possess a
firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home.
Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but
does not limit or expand the scope of the second part, the operative
clause. The operative clause’s text and history demonstrate that it
connotes an individual right to keep and bear arms.


346 posted on 06/26/2008 7:24:58 AM PDT by green iguana
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To: green iguana

This is what I wanted to see. This is awesome.

(f) None of the Court’s precedents forecloses the Court’s interpretation.
Neither United States v. Cruikshank, 92 U. S. 542, 553, nor
Presser v. Illinois, 116 U. S. 252, 264–265, refutes the individualrights
interpretation. United States v. Miller, 307 U. S. 174, does not
limit the right to keep and bear arms to militia purposes, but rather
limits the type of weapon to which the right applies to those used by
the militia, i.e., those in common use for lawful purposes.


371 posted on 06/26/2008 7:27:10 AM PDT by green iguana
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To: green iguana

That language is even better than what I had hoped for. This is a great day for liberty and for America!


374 posted on 06/26/2008 7:27:33 AM PDT by andy58-in-nh (Peace is Not The Question.)
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To: green iguana

If those phrases are written into the majority decision,

that’s a HUUUUUUUUUU(GH)GE WIN!


394 posted on 06/26/2008 7:29:41 AM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: green iguana

That seems like pretty strong language.


433 posted on 06/26/2008 7:34:29 AM PDT by Vision ("If God so clothes the grass of the field...will He not much more clothe you...?" -Matthew 6:30)
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To: green iguana
"After an exhaustive discussion of the arguments for and against gun control, JUSTICE BREYER arrives at his interest-balanced answer: because handgun violence is a problem, because the law is limited to an urban area, and because there were somewhat similar restrictions in the founding period (a false proposition that we have already discussed), the interest-balancing inquiry results in the constitutionality of the handgun ban. QED.

We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding “interest-balancing” approach. The very enumeration of the right takes out of the hands of government—even the Third Branch of Government—the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all. Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad. We would not apply an “interest-balancing” approach to the prohibition of a peaceful neo-Nazi march through Skokie. See National Socialist Party of America v. Skokie, 432 U. S. 43 (1977) (per curiam). The First Amendment contains the freedom-of-speech guarantee that the people ratified, which included exceptions for obscenity, libel, and disclosure of state secrets, but not for the expression of extremely unpopular and wrong-headed views. The Second Amendment is no different. Like the First, it is the very product of an interest-balancing by the people—which JUSTICE BREYER would now conduct for them anew."

472 posted on 06/26/2008 7:39:52 AM PDT by PapaBear3625 ("In a time of universal deceit, telling the truth is a revolutionary act." -- George Orwell)
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