Author Topic: Retired Justice Stevens: Second Amendment meant only for militias.  (Read 313 times)

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Offline rangerrebew

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Retired Justice Stevens: Second Amendment Meant Only for Militias
 
 
 

Saturday, 12 Apr 2014 10:59 AM

By Sandy Fitzgerald

It would only take five words to make the Second Amendment match up with the sentiments of the long-ago statesmen who devised the constitution, says former Supreme Court Associate Justice John Paul Stevens.

 Stevens, in his book "Six Amendments: How and Why We Should Change the Constitution," suggests that the words "when serving in the militia" be added, so that the amendment would read: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”

In an excerpt published in The Washington Post, Stevens noted that since the December 2012 shootings of school children in Newtown, Conn., high-powered weapons have been used to kill innocent victims in several "senseless" public incidents.

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 "Those killings, however, are only a fragment of the total harm caused by the misuse of firearms," said Stevens. "Each year, more than 30,000 people die in the United States in firearm-related incidents. Many of those deaths involve handguns."

 Federal and state legislators should make adopting rules to reduce the number of those incidents a matter of primary concern, said Stevens.

 "Legislatures are in a far better position than judges to assess the wisdom of such rules and to evaluate the costs and benefits that rule changes can be expected to produce," said Stevens.

 "It is those legislators, rather than federal judges, who should make the decisions that will determine what kinds of firearms should be available to private citizens, and when and how they may be used."

 But constitutional provisions that curtail legislative power can do more harm than good, said Stevens, who was appointed by Republican President Gerald Ford and served on the court from 1975 to 2010.

 "The first 10 amendments to the Constitution placed limits on the powers of the new federal government," said Stevens. "Concern that a national standing army might pose a threat to the security of the separate states led to the adoption of the Second Amendment."

 Federal judges have understood, for more than 200 years, that the amendment is limited and applies only to keeping and bearing arms for military purposes, Stevens contended.

 Further, the amendment doesn't limit the power of state or local governments to regulate firearms.

 Stevens said when he joined the court in 1975, the Second Amendment was understood to limit arms to military activities, and that opinion continued through the years from 1969 to 1986, when Warren Burger was chief justice.

 That all changed because of organizations like the National Rifle Association, which mounted a campaign to claim that federal regulations against firearms curtail Americans' Second Amendment protections.

 "Five years after his retirement, during a 1991 appearance on 'The MacNeil/Lehrer NewsHour,' Burger himself remarked that the Second Amendment 'has been the subject of one of the greatest pieces of fraud, I repeat the word 'fraud,' on the American public by special interest groups that I have ever seen in my lifetime,'" said Stevens.

 But in recent years, laws have changed to protect civilians' rights to keep handguns, said Stevens, who says he remains convinced the decisions misinterpreted the law.

 "Public policies concerning gun control should be decided by the voters’ elected representatives, not by federal judges," said Stevens.

 But changing the amendment, Stevens said, would nullify "emotional" claims that the right to bear arms is constitutionally protected.

 "The amendment certainly would not silence the powerful voice of the gun lobby; it would merely eliminate its ability to advance one mistaken argument," said Stevens.

 "The law should encourage intelligent discussion of possible remedies for what every American can recognize as an ongoing national tragedy," Stevens concluded.


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"Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim tribute to patriotism who should labor to subvert these great pillars of human happiness -- these firmest props of the duties of men and citizens. . . . reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principles."
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Offline rb224315

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Re: Retired Justice Stevens: Second Amendment meant only for militias.
« Reply #1 on: April 13, 2014, 09:17:23 AM »
"The law should encourage intelligent discussion of possible remedies for what every American can recognize as an ongoing national tragedy," Stevens concluded.

Good plan, Mr. Stevens.  In nanoseconds the left would ban firearms, and in another nanosecond the current "national tragedy" will become orders of magnitude worse when the genocide ensues.  One need look only at German and Russian history in the last century to see precisely what will happen to us if our natural, individual right to self-defense is infringed by government.
rb224315:  just another "Creepy-ass Cracka".

Offline rangerrebew

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Re: Retired Justice Stevens: Second Amendment meant only for militias.
« Reply #2 on: April 13, 2014, 10:29:10 AM »
Odd!  That isn't what the Federalist Papers have to say about it.  It also isn't what quotes from the framers of the Constitution had to say about it.  But they weren't as knowledgeable as today's leftists about the Constitution they wrote. :3:
"Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim tribute to patriotism who should labor to subvert these great pillars of human happiness -- these firmest props of the duties of men and citizens. . . . reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principles."
George Washington

"Only a virtuous people are capable of freedom. As nations become more corrupt and vicious, they have more need of masters."
Benjamin Franklin

Offline Charlespg

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Re: Retired Justice Stevens: Second Amendment meant only for militias.
« Reply #3 on: April 13, 2014, 12:43:13 PM »
Quote
    Retired Justice Stevens: Second Amendment Meant Only for Militias           



we are the militia you stupid bleep :chairbang:

Quote
    Richard Henry Lee: “A militia, when properly formed, are in fact the people themselves…and include all men capable of bearing arms.”         
Quote
George Mason: “I ask you sir, who are the militia? They consist now of the whole people.”   
Rather Trump Then Cackles Clinton

Online DCPatriot

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Re: Retired Justice Stevens: Second Amendment meant only for militias.
« Reply #4 on: April 13, 2014, 04:36:46 PM »
Another reason to be grateful for our shared mortality.  But for that, he might still be a sitting Justice.

Ah, grasshopper!

The lives you should be most concerned for are those of Thomas, Alito, Scalia and Roberts.

Light a candle in front of the Infant of Prague.   (worked for my grandmother)
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Offline xfreeper

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Re: Retired Justice Stevens: Second Amendment meant only for militias.
« Reply #5 on: April 13, 2014, 05:54:55 PM »
"The law should encourage intelligent discussion of possible remedies for what every American can recognize as an ongoing national tragedy," Stevens concluded.

How can anyone have an intelligent conversation with gunphobic fools that don't believe free people have the right to defend themselves?


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