More from Heller

On the 2nd codifying a pre-existing right:

We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.”

I’m sure that just gave someone the tingles.

3 thoughts on “More from Heller”

  1. Haven’t finished the majority opinion, yet, but I’d like to see addressed what I see as the absolute nature of the prohibition. It doesn’t say, “Congress shall make no law…” It doesn’t say, “Neither Congress nor the States…” or any limiting verbiage. It says flat-out “shall not be.” To me that’s absolute, and it means that NO actor, public OR private, may infringe upon the right.

    I would even argue against “common sense” restrictions, even though I can see the sense of them. I would prefer them to be restrictions of ALL rights (such as for felons), rather than limitiations on a smorgasbord or a Chinese menu of “one from column A, two from column B” that the state MAY infringe at its pleasure.

    M

  2. I would even argue against “common sense” restrictions, even though I can see the sense of them.

    Given that time/place/manner restrictions on free speech and similar things are legally accepted, I’d say you have an uphill fight.

    Of course, “shall not be infringed” is always subject to due process.

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