Saturday, May 12, 2007

Fred!! Thompson on the 2A

Another reason to love the guy--his response to the NYSlimes' fact-challenged article which claimed that 'most legal scholars think the 2A is a "collective" right'--that is, that only the "militia" may keep and bear arms.

Our individual right to keep and bear arms, as guaranteed by the Bill of Rights, may finally be confirmed by the high court; but this means that we're going to see increasing pressure on the Supreme Court from anti-gun rights activists who want the Constitution reinterpreted to fit their prejudices....

From the enactment of the Bill of Rights in 1791 until the 20th Century, no one seriously argued that the Second Amendment dealt with anything but an individual right -- along with all other nine original amendments. Kates writes that not one court or commentator denied it was a right of individual gun owners until the last century. Judges and commentators in the 18th and 19th century routinely described the Second Amendment as a right of individuals. And they expressly compared it to the other rights such as speech, religion, and jury trial.

Kates writes that, "Over 120 law review articles have addressed the Second Amendment since 1980. The overwhelming majority affirm that it guarantees a right of individual gun owners. That is why the individual right view is called the 'standard model' view by supporters and opponents alike. With virtually no exceptions, the few articles to the contrary have been written by gun control advocates, mostly by people in the pay of the anti-gun lobby."

HT: Clay Cramer


St. Jimbob of the Apokalypse said...

I would be surprised if I were the first to suggest this, but you deserve the "Thinking Blogger" Award. Please, don't allow my humble flattery to futher distract you from your intellectual superiority..

Dad29 said...

Wholly undeserved.

But my other 8 readers might get a snicker out of the idea...