Prompted by this comment to my post about armed insurrection and gun “rights,” I argued last week that Scalia’s majority opinion in Heller does not show that the “writers of the Constitution” intended to protect an individual right to civilian use of firearms for self defense. In this post I will argue that it is in fact Stevens’ dissent which relies on evidence of the Founders’ intent, and it shows that they included the Second Amendment to protect “the right of the people in the several States to maintain a well-regulated militia.” Read the rest of this entry »
Archive for category Thoughts of the Founders
In the first comment to this post, Bob S. cites the Heller decision in support of a claim that the Founders intended to protect an individual right to self-defense with the Second Amendment:
“Why are you still trying to peddle the hogwash that the Writers of the Constitution didn’t include the idea of self defense as part of the 2nd Amendment?
Did you read the decision in Heller? Did you see the laid out facts, quotes, and historical evidence that shows you are completely wrong??”
Bob goes on to quote a section of Scalia’s opinion citing Georgia and Louisiana Supreme Court decisions from 1846 and 1850 respectively. He apparently believes that the majority opinion in the Heller case, written by Justice Antonin Scalia, depends on the intent of the “writers of the Constitution” for its analysis and legitimacy. But the sources cited in Scalia’s opinion show no such thing. Instead, they depend on interpretations of contemporary dictionaries, State Constitutions, and later interpretations of these documents, along with Scalia’s interpretation of the interpretations. But let’s take a closer look at the Heller decision as a whole and see which side actually relied on evidence of the Founders’ intent. In this post, I will look at Scalia’s opinion affirming the judgment of the Court of Appeals; after that I will turn to the dissenting ones. Read the rest of this entry »
Thoughts of the Founders
Feb 25
“As to Taxes, they are evidently inseparable from Government. It is impossible without them to pay the debts of the nation, to protect it from foreign danger, or to secure individuals from lawless violence and rapine.”
–Alexander Hamilton, Address to the Electors of the State of New York, March, 1801