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« Law review: Resistance of lower courts to Heller & McDonald | Main | "The Heroes of the Right of Self Defense" »

"The Second Amendment's Defining Moment"

Posted by David Hardy · 27 August 2014 10:22 AM

An interesting article by Frank Miniter. The part I found most amusing:

"[A] mainstream reporter next to me in the press section gasped, "Oh no," when Justice Anthony Kennedy hinted that he believed the Second Amendment to be an individual right while asking the government's attorney a question."

I was there and remember the question. Actually, there were two, but a listener wouldn't have noted unless he'd been following the Second Amendment legal issue for thirty years. The second, yes, a reporter could understand where Kennedy was coming from.

The first question was whether we could grasp the meaning of the Second Amendment by considering its two clauses separately. Yes, a militia is important. And yes, the people have a right to arms. The importance of the militia is independent of the right to arms and the right to arms independent of the militia.

2 Comments | Leave a comment

475okh | August 27, 2014 8:39 PM | Reply

How much verbal diarrhea do we need to understand the meaning of shall not be infringed???

Brad | August 31, 2014 5:48 PM | Reply

Want to bet the 'mainstream reporter' was Dahlia Lithwick?

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