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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?


To: tejek who wrote (142383)2/5/2002 11:32:21 AM
From: d[-_-]b  Read Replies (1) | Respond to of 1578988
 
tejek,

re: .....for starters they can stop perpetuating the myth re the second amendment:


It's not a myth, it's in black and white that even a child could understand.

From the fifth circuit court of appeals:
ca5.uscourts.gov

Several other Supreme Court opinions speak of the Second Amendment in a manner plainly indicating that the right which it secures to "the people" is an individual or personal, not a collective or quasi-collective, right in the same sense that the rights secured to "the people" in the First and Fourth Amendments, and the rights secured by the other provisions of the first eight amendments, are individual or personal, and not collective or quasi-collective, rights. See, e.g., Planned Parenthood v. Casey, 112 S.Ct. 2791, 2805 (1992); Moore v. City of East Cleveland, 97 S.Ct. 1932, 1937 (1977);(26) Robertson v. Baldwin, supra (see quotation in note 17 supra); Scott v. Sandford, 60 U.S. (19 How.) 393, 417, 450-51, 15 L.Ed. 691, 705, 719 (1856). See also Justice Black's concurring opinion in Duncan v. Louisiana, 88 S.Ct. 1444, 1456 (1968).(27)

It appears clear that "the people," as used in the Constitution, including the Second Amendment, refers to individual Americans

From the Oregon Constitution:
leg.state.or.us
Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence (sic) of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]

From the Washington Constitution:

courts.wa.gov

SECTION 24 RIGHT TO BEAR ARMS.
The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this SECTION shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.