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Politics : Impeach George W. Bush -- Ignore unavailable to you. Want to Upgrade?


To: TimF who wrote (16134)10/25/2002 2:12:00 PM
From: jttmab  Respond to of 93284
 
1 - There is no "In order" in the 2nd amendment.

grumble, grumble...I'm trying to make a point here Tim, work with me...I've got to fudge the words a bit to develop the analogy.<s>.

A better analogy would be to a law or amendment that said - "As it is important for people to go to the moon, the right of the people to keep and use rockets shall not be infringed" Would that mean that people had no right to use their rocket to orbit the Earth or to fly to Mars?

I'm not sure that's an improvement [not that mine was sterling], the desire for a militia is not a desire of the people, it's a desire of the government. It's the government that wants the militia and they want to make sure that the people have arms for that purpose.

I think it is unconstitutional.

With your interpretation, it would have to be. And, by US v. Miller, if an assualt weapon isn't a protected weapon under the 2nd, I don't know what would.

I'm pretty sure the SC would slip a direct ruling on the 2nd even on that. They are slippery that way when they want to be.

I can appreciate that thought, but on the other hand, since US v. Miller, there hasn't been a case sent to the Court to dodge...65 years. Consequently, I'm fairly convinced that the NRA doesn't want the USSC to have the opportunity to make a decision.

There is also the potential that the Court could assert an individual right, not under the 2nd, but under the 9th. Even believing, as I do, that the 2nd is a collective right, I think there's a better than 50-50 chance the Court might pull an individual right out the 9th.

jttmab