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jimmy the one

(2,720 posts)
36. big mike spreads misinformation
Thu Dec 10, 2015, 01:01 PM
Dec 2015

big mike: Both Justice Stevens and Justice Breyer explicitly state that it is an individual right

No they don't, you post baloney from 2nd amendment mythology.

big mike: While in Section II, essentially on Page 3 of his dissent, Justice Breyer states:
In interpreting and applying this Amendment, I take as a starting point the following four propositions, based on our precedent and today’s opinions, to which I believe the entire Court subscribes: (emphasis added)
(1) The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred. (STEVENS,J., dissenting).


To try to hoodwink readers that heller was 9-0 for an individual rkba interpretation demonstrates either a deceptive nature, or your misconception of what was actually written.
Big mike cites simply ONE of the 4 interpretations of 2ndA which exist today & noted by breyer, then misleads by leaving off the other 3 considerations, thus misleading that breyer was actually an individual rkba adherent:

Justice breyer in fuller context shows big mike for a charlatan: In interpreting and applying this Amendment, I take as a starting point the following four propositions, based on our precedent and today’s opinions, to which I believe the entire Court subscribes:
(Proposition) (1) The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred;
(2) As evidenced by its preamble, the Amendment was adopted “with obvious purpose to assure the continuation and render possible the effectiveness of forces.” United States v. Miller,(1939);
(3) The Amendment “must be interpreted and applied with that end in view.” Miller..
(4) The right protected by the Second Amendment is not absolute, but instead is subject to government regulation. Robertson v. Baldwin, (1897).


Yes, those are the 4 possible constructions & rulings today which 2ndA has morphed into. Note how big mike only mentioned proposition 1 which is individual rkba friendly.
But Breyer was NOT contending he, nor the 'entire court' of 9 justices, considered 2ndA an individual right.
Justice Breyer, in proposition 1 above, was simply noting that the 2ndA when considered AS an individual right was ONE of the several 2ndA interpretations which exist.
Two other propositions breyer noted (2 & 3), described that the collective/militia interpretation also existed. These 4 propositions are what justice breyer meant when he said 'all justices could agree with' existed, and thus formed the basis for further debate.
In proposition 1, breyer was simply defining what the individual right was, note his usage of i.e. which means roughly 'in example': The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred; - this then became the basis for court discussion whether the 2ndA did indeed confer an individual right. But breyer was not contending propostion 1 was what the dissent adhered to.
http://www.democraticunderground.com/?com=view_post&forum=1172&pid=117174

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0 members have recommended this reply (displayed in chronological order):

I want a gun with some... [View all] discntnt_irny_srcsm Dec 2015 OP
I think we have to distinguish between upaloopa Dec 2015 #1
I certainly can't fault you for that. discntnt_irny_srcsm Dec 2015 #2
These are the weapons the Framers had in mind when COLGATE4 Dec 2015 #3
The framers never conceived the Internet. JonathanRackham Dec 2015 #4
OK. So? COLGATE4 Dec 2015 #7
Those rifles can also be looked upon as... Lizzie Poppet Dec 2015 #5
Yep. State of the art for 1787 COLGATE4 Dec 2015 #8
same as that printing press Duckhunter935 Dec 2015 #11
But no assault quill pens! friendly_iconoclast Dec 2015 #14
or high-capacity inkwells. nt branford Dec 2015 #19
No one needs more than ten fluid drams of ink! friendly_iconoclast Dec 2015 #20
No not "state of the art" for that time period. oneshooter Dec 2015 #39
you'll notice that no incarnation, version or derivation... discntnt_irny_srcsm Dec 2015 #6
Just as the only words protected by the 1st amendment Big_Mike Dec 2015 #10
yes they do indeed Duckhunter935 Dec 2015 #12
Really silly comparison. Those abound. COLGATE4 Dec 2015 #13
You want one amendment to be 'locked in time'-but not the rest... friendly_iconoclast Dec 2015 #16
The only purpose of the Second Amendment was COLGATE4 Dec 2015 #17
Then get it repealed. The means to do so exists, finding enough votes to do so is up to you: friendly_iconoclast Dec 2015 #18
Not necessary. Hopefully with a Democratic victory COLGATE4 Dec 2015 #23
You mean just like this Conservative court has reversed the ACA and Roe v Wade? DonP Dec 2015 #24
These things take time. Don't for second bet that Roe v Wade COLGATE4 Dec 2015 #25
I hope you're working on the party platform and the White House too DonP Dec 2015 #26
Our party leaders, including the President are no more immune COLGATE4 Dec 2015 #27
What happens if Congress and/or individual states don't go along? Roe v Wade is being eroded as we.. friendly_iconoclast Dec 2015 #30
I'm no lawyer, so I don't know how many unanimous opinions are overturned Big_Mike Dec 2015 #31
This wasn't a unanimous decision. Stevens in his dissent makes it clear that COLGATE4 Dec 2015 #33
I would say that the only Presidents who did not overreach in recent times Big_Mike Dec 2015 #34
Both Justice Stevens and Justice Breyer explicitly state that it is an individual right Big_Mike Dec 2015 #35
big mike spreads misinformation jimmy the one Dec 2015 #36
I reiterate - I am not a lawyer. I have never been trained to think legalistically. I only repeat Big_Mike Dec 2015 #38
Interesting article about it here COLGATE4 Dec 2015 #37
So since the Russians have AK's do the framers still want us to use Muzzleloaders? ileus Dec 2015 #21
Absolutely unassailable arguments whose clarity is COLGATE4 Dec 2015 #22
Do you think the framers were stupid? Travis_0004 Dec 2015 #29
Has the organization you believe is the current "well regulated militia"... discntnt_irny_srcsm Dec 2015 #40
I've always enjoyed firing black powder weapons. MohRokTah Dec 2015 #9
Agreed-they are noisy, smokey, and a pain in the ass to clean and maintain-but fun friendly_iconoclast Dec 2015 #15
I have all 6 of those all in good working order... Historic NY Dec 2015 #28
~~~ discntnt_irny_srcsm Dec 2015 #32
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