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To: Titus Quinctius Cincinnatus
Robert Bork on the Second Amendment:

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 03/09/2010 12:45:21 PM PST by Ken H
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To: Ken H

Yes, Bork is a legal positivist - a clearly inferior position to natural rights theory, but one entirely in keeping with his personal atheism and rejection of an objective moral basis for right and wrong.


4 posted on 03/09/2010 12:46:58 PM PST by Titus Quinctius Cincinnatus (We bury Democrats face down so that when they scratch, they get closer to home.)
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To: Ken H
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.

Because of that disparity, it became clear to me long ago that, when push really comes to shove, freedom-loving folk cannot be reactive.

Is life so dear, or peace so sweet, as to be purchased at the price of chains or slavery? Forbid it, Almighty God! I know not what course others may take but as for me; give me liberty or give me death! - Patrick Henry

9 posted on 03/09/2010 2:39:33 PM PST by RobinOfKingston (Democrats, the party of evil. Republicans, the party of stupid.)
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