A Question For The Supreme Court By Robert Greenslade - Price of Liberty
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A Question For The Supreme Court
By Robert Greenslade © Nitwit Press

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December 03, 2007

Last week, the United States Supreme Court agreed to review a federal appellate court decision involving the gun ban in the District of Columbia [District of Columbia v. Heller, case No. 07-290]. At the heart of the case is the wording and sentence structure of the Second Amendment. The Amendment reads:

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

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:

The Flawed Second Amendment Debate

The Second Amendment and the Preamble to the Bill of Rights

Another Look at the Wording of the Second Amendment

Would the Repeal of the Second Amendment Empower the Federal Government and Negate the Right to Own a Firearm?

Tell me why the States needed the so-called "Collective Right" Second Amendment?

The Second Amendment is an Individual Right

Your comments welcome!

Now Available! See Editor's review here.

"The Bill of Rights Does Not Grant You Any Constitutional Rights"
By Robert Greenslade and Claude Ellsworth

$10.00-includes shipping and any applicable sales tax.

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Note: We have several hundred copies that contain a few minor typos in a couple of quotes and a footnote. The average reader would probably miss them. However, with the purchase of a book we are offering these as seconds for $3.00 each to cover shipping in the event the reader wants to give a copy to a friend or relative. There is no limit and this offer is good until they are all gone.

Email with any questions concerning the book to-rbgreenslade [at] yahoo.com

Robert 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 the Constitution.

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

The Federal Government: Its True Nature and Character: Being a Review of Judge Story's Commentaries on the Constitution of the United States.

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.

Archives

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The Constitution and YOU Part 2

The Constitution and YOU Part 3

"Newspapers in Education" needs an Education on the Constitution and Second Amendment

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Out of Chaos comes Control

"Government of the People, by the People and for the People" -- or Not?

Would the Repeal of the Second Amendment Empower the Federal Government and Negate the Right to Own a Firearm?

Are the Barry Bonds' Record-Setting Baseballs Subject to the Federal Income Tax?

The Constitution did not Abolish the System of Government Established by the Articles of Confederation and Consolidate the States into One Nation

Tell me why the States needed the so-called "Collective Right" Second Amendment?

Rudy Giuliani shows his Ignorance of the Second Amendment

The Second Amendment is an Individual Right

Complete Archives for Robert Greenslade