Thursday, June 26, 2008

Original Intent of the 2nd Amendment Upheld by SCOTUS




Well it looks like Montana will not secede from the Union. SCOTUS finally delivered a decision that mirrors the majority of Americans and not the utopianism of American Leftists.

The right for Americans to bear arms on an individual basis was upheld by SCOTUS.

Here is a person favorable to the SCOTUS ruling:

The Supreme Court got it right! The court ruled that an absolute ban on handguns is unconstitutional under the Second Amendment’s right to bear arms.

Our founding fathers were inartful if not clumsy when they drafted the Second Amendment’s preamble which referred to the need for a “well regulated militia.” Anti-gun advocates have seized on that preamble for decades to argue that the Constitution only allows for guns for military, not for the general citizenry.

But a clearer reading of the full text of the Second Amendment makes it clear that the Amendment covers the right for all people, not just military, to “bear arms.” This ruling means that an absolute ban on handguns will not pass constitutional muster, but a reasonable limitation on handguns will. Now every state and county will need to figure out what such reasonable limitations mean…so look for more cases on that one.

- By
Lis Wiehl (FOX News Legal Analyst)


Here is Senator McCain’s response to the SCOTUS decision:

Today's decision is a landmark victory for Second Amendment freedom in the United States. For this first time in the history of our Republic, the U.S. Supreme Court affirmed that the Second Amendment right to keep and bear arms was and is an individual right as intended by our Founding Fathers. I applaud this decision as well as the overturning of the District of Columbia's ban on handguns and limitations on the ability to use firearms for self-defense.

Unlike Senator Obama, who refused to join me in signing a bipartisan amicus brief, I was pleased to express my support and call for the ruling issued today. Today's ruling in District of Columbia v. Heller makes clear that other municipalities like Chicago that have banned handguns have infringed on the constitutional rights of Americans. Unlike the elitist view that believes Americans cling to guns out of bitterness, today's ruling recognizes that gun ownership is a fundamental right -- sacred, just as the right to free speech and assembly.

This ruling does not mark the end of our struggle against those who seek to limit the rights of law-abiding citizens. We must always remain vigilant in defense of our freedoms. But today, the Supreme Court ended forever the specious argument that the Second Amendment did not confer an individual right to keep and bear arms.

-
Standard Newswire


I can hear the Leftists that will allow criminals how do not follow the rule of law to have a gun yet prohibit American citizens the right to protect themselves from a gun toting thug. They will be saying be saying now the thugs can get a gun easier, like thug didn’t get a gun illegally anyway.

GO MCCAIN!

2 comments:

Queitsch Hof said...

I think you misunderstood the decision. After stating that they uphold it, they proceeded to give it 140 pages of limitations. They made it very easy for any state to make an application for a gun impossible and to limit the number of guns. Upholding the right would not need 140 pages of if, and, or buts... you are sadly mistaken if you read it carefully. The liscense to car ya gun is now in place. This is not what our ancestors fought for. The British stopped the import of guns and prevented the sale of guns- how is this any different?

SlantRight 2.0 said...

I have not read the actual document; however I have read Conservative slanted analysis including The Rutherford Institute that have proclaimed this a victory for the Second Amendment.

On the other hand Queitsch Hof I am guessing you are correct on the small print impact of the Original Intent. Look at it as a step in the RIGHT direction after the Left has received a punch in the left eye.

:-)