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How the NRA Rewrote the Second Amendment
POLITICO Magazine ^ | May 19, 2014 | Michael Waldman

Posted on 06/21/2014 9:04:11 PM PDT by ForYourChildren

How the NRA Rewrote the Second Amendment

The Founders never intended to create an unregulated individual right to a gun. Today, millions believe they did. Here’s how it happened.

By MICHAEL WALDMAN
May 19, 2014

"A fraud on the American public.” That’s how former Chief Justice Warren Burger described the idea that the Second Amendment gives an unfettered individual right to a gun. When he spoke these words to PBS in 1990, the rock-ribbed conservative appointed by Richard Nixon was expressing the longtime consensus of historians and judges across the political spectrum.

Twenty-five years later, Burger’s view seems as quaint as a powdered wig. Not only is an individual right to a firearm widely accepted, but increasingly states are also passing laws to legalize carrying weapons on streets, in parks, in bars—even in churches.

Many are startled to learn that the U.S. Supreme Court didn’t rule that the Second Amendment guarantees an individual’s right to own a gun until 2008, when District of Columbia v. Heller struck down the capital’s law effectively banning handguns in the home. In fact, every other time the court had ruled previously, it had ruled otherwise. Why such a head-snapping turnaround? Don’t look for answers in dusty law books or the arcane reaches of theory.

{excerpted}


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: 2ndamendment; banglist; constitution; guncontrol; nra
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To: GeronL
Get one. Don't pay more than $2/lb for it.

/johnny

41 posted on 06/21/2014 9:44:04 PM PDT by JRandomFreeper (Gone Galt)
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To: JRandomFreeper

bump


42 posted on 06/21/2014 9:45:13 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: DManA
Chief Justice Warren Burger...the rock-ribbed conservative...

That garbage is from the article. It shows how totally wrong the entire thesis is. The two Warrens (Warren Burger and Earl Warren) may have had an 'R' next to their names but both were extreme leftists.

The sign also applies to Warren Burger.

43 posted on 06/21/2014 9:46:53 PM PDT by re_nortex (DP - that's what I like about Texas)
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To: GeronL

Or ender, if needed.


44 posted on 06/21/2014 9:46:57 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: re_nortex

bump


45 posted on 06/21/2014 9:47:41 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: Still Thinking

lol


46 posted on 06/21/2014 9:48:01 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: GeronL

The politico “writer” is an a**.


47 posted on 06/21/2014 9:49:43 PM PDT by ogen hal (First amendment or reeducation camp)
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To: ForYourChildren
Quite apart from its focus on the Second Amendment, this article should be taken quite seriously for its insight about how constitutional law comes to be written in the Supreme Court.

Turn the matter around and focus not on gun rights but on a homosexual marriage and consider that that issue was won in the courts even before it was generally won among the populace because it was won in the faculty lounges and in the newsrooms. If culture trumps politics, politics and culture also trump constitutional adjudication.

We conservatives are in for a series of disappointments in the Supreme Court not just because our nominees fail us once they don the robes but because the culture in the court comes from a culture in the faculty lounges of our law schools and the editorial board of the New York Times. We do not win enough elections, having won elections we appoint the wrong justices, having appointed justices they succumb to the culture.

George Soros with his Open Society foundation and elsewhere attempts to impose his tyranny on us from the bottom up. Here is an application of that theory which we should consider and counter.


48 posted on 06/21/2014 9:50:04 PM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: ogen hal

bump


49 posted on 06/21/2014 9:50:25 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: SpaceBar

“That’s a beautiful post.”

I copied those quotations from someplace; here, perhaps.


50 posted on 06/21/2014 9:53:48 PM PDT by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: ForYourChildren

I was so impressed by this man’s understanding of our Founding Fathers that it caused me to re-think whether it was really the best idea to stick to my current view of gun ownership. I decided it was not the best idea.

So I made the hard choice, but one that I think the Founders would respect, and one that I think many citizens like me - increasingly concerned with gun violence - are coming around to as well: I went ahead and clicked the Ebay “Buy Now” button for that Archangel stock I’ve been eyeing for my M-39 Mosin Nagant, and got four 10 rounds mags to go with it as well.

Thanks, Politico, for helping me decide to do the right thing. You can breathe easier now, knowing you swayed one man’s erroneously out-of-date opinion on gun ownership.


51 posted on 06/21/2014 9:53:52 PM PDT by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: GeronL

Standard picture of non-taxed tobacco plant with a piece of lead as a scale reference.

Dia about 40 mm.

You don't blow that out of a black powder shotgun.

Play nice, but play hard.

/johnny

52 posted on 06/21/2014 9:54:20 PM PDT by JRandomFreeper (Gone Galt)
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To: docman57

The original intent of the Founders was to have a universal peoples militia instead of a large standing army.


53 posted on 06/21/2014 9:58:34 PM PDT by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: super7man

I just finished me first AR build! I tried to feed a round and the bolt got stuck forward. Gave me the chance to mortar my gun! It was awesome.


54 posted on 06/21/2014 9:59:59 PM PDT by demshateGod (The fool hath said in his heart, There is no God.)
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To: dagogo redux

I’m doing my part. Just purchased (last week) a low-miles S&W model 10 chambered in .38 special. I know the gun folks will say that’s an underpowered pop-gun, but damn the workmanship is nice. A work of art.


55 posted on 06/21/2014 10:01:09 PM PDT by SpaceBar
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To: rlmorel

You are not mistaken. Read James Madison’s Federalist 46 and the
Second Amendment will become clear. Be patient.

My conclusion is that the 2nd A is not about militias having access
to weapons but, rather, armed private citizens having the ability
to establish militias.


56 posted on 06/21/2014 10:02:37 PM PDT by Sivad (NorCal red turf)
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To: TheGipperWasRight

They’re going to come on every front: epa, osha, patent office, irs, you name it. It’s going to be brutal. Stick to your guns, literally.


57 posted on 06/21/2014 10:02:50 PM PDT by demshateGod (The fool hath said in his heart, There is no God.)
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To: ForYourChildren

“The right of the people” - not “the right of the militia”.

“The right of the people” - the same people whose rights are protected by the First Amendment.

And the Third, Fourth, Fifth, Sixth, Seventh, Eight, Ninth, and Tenth.


58 posted on 06/21/2014 10:02:57 PM PDT by Ray76 (True change requires true change - A Second Party ...or else it's more of the same...)
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To: RhoTheta

Ping.


59 posted on 06/21/2014 10:03:06 PM PDT by Egon (RIP, Harold Ramis. The world is less funny with your loss.)
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To: FlingWingFlyer
The Founders never intended to create an unregulated individual right to a gun.

The founders created the government with clearly limited authority. And then, just to be perfectly clear, they listed additional items, such as citizens ownership of arms, in which they specifically forbid government meddling.

60 posted on 06/21/2014 10:03:35 PM PDT by oldbrowser (We have a rogue government in Washington)
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