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March 11, 2010

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Suburban Survivalist

You seem to be into Constitutional law type topics, so I have a question.

I was under the impression that the Bill of Rights were for citizens, individuals. But this morning on the radio I heard a story about a state supreme court someplace (MA?) ruling that the 2nd ammendment was for states.

OK, found it;
http://www.boston.com/news/local/breaking_news/2010/03/_in_a_victory_f.html


I am a bit confused... what's going on here?

jjmurphy

I am not by any means a constitutional "scholar". I read the document and take it pretty literally. I don't try and second guess that the Founders meant. If I am confused, I go to their other writings on the matter. I think lawyers and judges have twisted it beyond all recognition over the years, so I disregard most "decisions" and try and figure out what the Founders originally meant using my own brain.

I think the decisions in both those cases in the article you mentioned are wrong. The one where it says the "Massachusetts Declaration of Rights has never meant that an individual is free to own firearms" is particularly troubling. (Another reason I will never live in Massachusetts.)

From my reading of the Constitution, in this case the 2nd Amendment, and reading the arguments by the writers of the Constitution, it is clear to me that they were adamant that individual citizens are absolutely permitted to own firearms, without infringement. Both cases above do not fit with this thinking.

But that is just me, and average citizen, reading the U.S. Constitution. What am I compared to all those high and mighty legal scholars that spend decades studying the document trying to figure out what the meaning of "is" is?

I imagine you may have the same thinking. It is one of the reasons I got into prepping. I do not trust the powers-that-be to do anything right.

I hope these cases keep going to the US Supreme Court.

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