USA Today has an online poll for the question: "Does the Second Amendment give individuals the right to bear arms?". I'm annoyed with the question. The questions presumes facts not in evidence. The Bill of Rights does not give or grant any rights. It guarantees certain rights. In the case of the Second Amendment this has clearly been articulated in U.S. v. Cruikshank:
The right there specified is that of 'bearing arms for a lawful purpose.' This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed...
In any case, even with no really acceptable answer to such a misleading question the results are encouraging. The bigots are getting punished pretty badly.
[Thanks to Hal for the email.]
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