But, first, a little background - for those of you who have more to do with your time than memorize old, obsolete and unused Constitutional dicta - the 2nd Amendment reads: 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.
As I said, Ho Hum. How seriously must I (or anyone, for that matter) take a sentence so overwhelmingly categorical, yet which has never been used to overturn any gun regulation, ordinance or law in the 200-plus years since it was adopted?
Bryan Miller
November 29, 2007
Supremes take on 2nd Amendment - Yawn
[It's overwhelmingly categorical and never been used to overturn a law since it was adopted, therefore we shouldn't take it seriously and can enact laws that violate it without concern to the constitutionality of the law. Interesting logic. So, Mr. Miller, do you advocate treating the 13th amendment in the same way?
Section. 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section. 2. Congress shall have power to enforce this article by appropriate legislation.
If so then I claim you, Bryan Miller, as my slave. Maybe then you will suddenly recognize the utility of the 2nd Amendment. Or maybe since the 13th amendment is only 142 years old it's too recent to discard. If it needs to be 200-plus years old before we can start ignoring it then I'll let my great-grandchildren know that your descendants gave up their 13th Amendment rights on your say so. As my descendants, with guns, take possession I'm sure your descendants will "thank" you for giving up your 2nd Amendment rights earlier. The point is that just because a law hasn't been overturned recently the constitutional provision against such laws is obsolete.
And, Mr. Miller, it's obvious you haven't read this book which demonstrates the Supreme Court has upheld the legal tradition and historical record of private gun ownership, self defense, and armed self defense, since the country began.
My take on Miller's "yawn" response is that is the best spin he can put on what he thinks is impending doom.--Joe]