The Court of Appeals for the District of Columbia overturned the ban ruling that the Second Amendment "protects" the individual right of the people to keep and bear arms. Attorneys for the District of Columbia claim the ruling was in error because the right enumerated in the Amendment is a "collective right" that pertains the militias of the several States. Thus, they are asking the Supreme Court to overturn the appellate court decision.
Attorneys for Mr. Heller, in the author's opinion, should put the Court on the spot and ask the justices a pointed question. The question would be germane because the example cited in the question mirrors the sentence structure of the Second Amendment. Here is the question:
"If the Second Amendment read:
A well educated justice, being necessary to the proper adjudication of cases before the United States Supreme Court, the right of the people to keep and read books, shall not be infringed.
Would the Court rule that the Amendment only protects the collective right of Supreme Court justices to keep and read books or would the Court rule that the Amendment protects the right of all the people to keep and read books?"
If this example and question was put before the Court, the author believes the justices would have to concede that the sentence structure of the Second Amendment does not support the "collective right" interpretation. Thus, the Court of Appeals for the District of Columbia was correct in ruling that the right enumerated in the Second Amendment is an individual right of the people.
Some other, related reading:
Now Available! See Editor's review here.
of Rights Does Not Grant You Any Constitutional Rights"
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Greenslade focuses his writing on issues surrounding the federal government
and the Constitution. He believes politicians at the federal level, through
ignorance or design, are systematically dismantling the Constitution in
an effort to expand their power and consolidate control over the American
people. He has dedicated himself to resurrecting the true intent of the
Constitution in the hope that the information will contribute, in some
small way, to restoring the system of limited government established by
If you are interested in finding out more about the Constitution, take a look at this book. I use it in many of my articles and it is the best book I've found on this subject. Bob
Reprint of the 1868 edition. ''Perhaps the ablest analysis of the nature and character of the federal government that has ever been published. It has remained unanswered.'' This review of Judge Story's Commentaries on the Constitution of the United States is perhaps the ablest analysis of the nature and character of the Federal Government that has ever been published. It has remained unanswered. Indeed, we are not aware that any attempt has been made to challenge the soundness of its reasoning. The great vise of Judge Story and the Federalists consisted in desiring the clothe the federal government with almost monarchical power, whereas the States had carefully and resolutely reserved the great mass of political power for themselves. The powers which they delegated to the federal government were few, and were general in their character. Those which they reserved embraced their original and inalienable sovereignty, which no state imagined it was surrendering when it adopted the constitution. Mr. Madison dwelt with great force upon the fact that ''a delegated is not a surrendered power.'' The states surrendered no powers to the federal government -- they only delegated them. 160 pages.