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jimmy the one

(2,720 posts)
37. little problem with militia centric pov
Wed Feb 17, 2016, 02:28 PM
Feb 2016

jmg: I don't think there is doubt about the 2nd securing an individual right... Of course, its purpose, or primary purpose as Breyer notes, is the continuation of the Militias. Nothing about recognizing the security of an individual right seems to contradict that. It is the securing of an individual right for self-defense purposes that is argued.

Well, an auxilliary individual right (militia centric) going alongside the militia interpretation I have little problem with, since that's probably what it was imo. But there is no individual rkba disconnected from militia, inherent in 2ndA.
For a minute there I thought you were arguing pro gun nonsense about breyer supporting the individual rkba; they sometimes do it taking the 4 propositions below & citing only the first, so this:

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:
(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. See, e.g., ante, at 22 (opinion of the Court); ante, at 1 (Stevens, J., dissenting).
(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, 307 U. S. 174, 178 (1939) ; see ante, at 26 (opinion of the Court); ante, at 1 (Stevens, J., dissenting).
(3) The Amendment “must be interpreted and applied with that end in view.” Miller, supra, at 178.
(4) The right protected by the Second Amendment is not absolute, but instead is subject to government regulation. See Robertson v. Baldwin, 165 U. S. 275, 281–282 (1897) ; ante, at 22, 54 (opinion of the Court)."


is refined down to, unbelievably, THIS, which they contend is unanimous support for the i-rkba!:

based on our precedent and today’s opinions, to which I believe the entire Court subscribes:
(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.

Recommendations

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

I think one of those... discntnt_irny_srcsm Feb 2016 #1
Some would have to complete their sentences first. N/T beevul Feb 2016 #21
There will always be those who are... discntnt_irny_srcsm Feb 2016 #22
Thus no nominee who is not an "individual right" advocate will have a chance at approval. Lizzie Poppet Feb 2016 #2
That will be the Republican position, no doubt. stone space Feb 2016 #3
Why would the GOP come here? GGJohn Feb 2016 #4
Oh, come on! We've even had Zimmerman supporters come here. stone space Feb 2016 #5
Zimmerman supporters? GGJohn Feb 2016 #6
Are personal insults really necessary here? stone space Feb 2016 #9
A fact is not a personal insult. GGJohn Feb 2016 #10
More personal insults??? Seriously??? Why??? stone space Feb 2016 #11
Why do you always make yourself out to be the victim? eom. GGJohn Feb 2016 #12
Why did you introduce personal insults into this thread? stone space Feb 2016 #14
See, there you go again, GGJohn Feb 2016 #15
Now you are just trolling. stone space Feb 2016 #16
... GGJohn Feb 2016 #17
No personal insults... Puha Ekapi Feb 2016 #18
same here, I see facts Duckhunter935 Feb 2016 #20
It's a shtick, seen early & often. Eleanors38 Feb 2016 #31
I am sure you will be able to supply links Duckhunter935 Feb 2016 #8
so are you calling du members Duckhunter935 Feb 2016 #7
That was precisely my point. Lizzie Poppet Feb 2016 #13
Was his dissent in Maryland v King "bullshit" as well? Marengo Feb 2016 #19
That will be the position of any individual who values their rights. beevul Feb 2016 #24
Not sure how his death calls anything TeddyR Feb 2016 #23
Really? Where, exactly, does the Second Amendment mention or even allude to a flamin lib Feb 2016 #25
where does it say there isn't? gejohnston Feb 2016 #26
Are you against self defense? beevul Feb 2016 #27
ReallY???? Surf Fishing Guru Feb 2016 #28
I will ask again, flamin lib Feb 2016 #30
You are starting from an invalid foundation Surf Fishing Guru Feb 2016 #32
That is precisely what I said. Scalia found something in the Second Amendment that isn't there. flamin lib Feb 2016 #33
militia, clear & unequivocal in 1939 miller jimmy the one Feb 2016 #35
Hey jimmmy! I don't think there is doubt about the 2nd securing an individual right... jmg257 Feb 2016 #36
little problem with militia centric pov jimmy the one Feb 2016 #37
Ha - that is why I included points 2-4 - NO doubt what he was saying! nt jmg257 Feb 2016 #38
Do you deny a right to self-defense? n/t discntnt_irny_srcsm Feb 2016 #34
Can't tell the difference between babies and bathwater, huh? Nuclear Unicorn Feb 2016 #29
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