Texas law professor calls for repeal of Second Amendment

Nov 17, 2013 Full story: BizPacReview.com 11,125

A professor at the Texas A&M University School of Law claims that the Second Amendment should be shelved and replaced with something else.

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“Evolved hunter/gatherer”

Since: Jan 08

Location hidden

#6488 Mar 5, 2014
sarcasm off

“Evolved hunter/gatherer”

Since: Jan 08

Location hidden

#6489 Mar 5, 2014
barefoot2626 wrote:
<quoted text>
The Presumer Court disagrees.
I'll go with them.
I see. Nice to know since that quote is in the very same summation of the Heller decision by the very same justice and the very same writing you cite.
grumpy

West Haverstraw, NY

#6490 Mar 5, 2014
Aquarius-WY wrote:
<quoted text>
"1. The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.
(c) The Court’s interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the Second Amendment . Pp. 28–30.
(d) The Second Amendment ’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30–32.
(e) Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion. Pp. 32–47.
(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542 , nor Presser v. Illinois, 116 U. S. 252 , refutes the individual-rights interpretation. United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes. Pp. 47–54. "
Supreme Court Justice Scalia
This century
Heller decision
Supreme Court of the United States of America
But " but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes. Pp. 47–54. " That seems to mean that rights may be infringed. Infringed=limited.
FormerParatroope r

Leawood, KS

#6491 Mar 5, 2014
grumpy wrote:
<quoted text>The 2nd amendment says that given the need for a well-trained militia, the right to keep arms shall not be infringed.
But now that we have a well-trained militia, why can't the right to bear arms be infringed?
The Amendment says nothing of a well trained militia.

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.

Of course, you haven't stated your belief of who is the Militia. Therefore advising the militia point has yet to be resolved.

You can infringe the Right. You can hope that enough support go add another Amendment that nullifies the 2nd.

Otherwise, infringement of a individuals Right can be don't by due process. That is my opinion, and not commonly agreed upon by many. I argue that any Right you use to violate anothers Right should be removed.

As for the common population of Citizens, I have yet seen a compelling argument to disarm them. Do you have a compelling argument?
Independent

United States

#6493 Mar 5, 2014
grumpy wrote:
But " but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes. Pp. 47–54. " That seems to mean that rights may be infringed. Infringed=limited.
Militia = Coast Guard.

If I were limited to being armed as well as they are, I would be fine with that.
Not sure all would agree or even want to stop there.
You do realize most police agencies use fully automatic rifles on the job. Some departments use flame throwers. A host of weapons you will not find in the general public.
Since the gov is barred from using the military against us, they have armed most of their agencies. That is what a tyrannical government would most likely use against us. All it takes is the stroke of a pen.

:^`{
Independent

United States

#6494 Mar 5, 2014
really wrote:
<quoted text>
a compelling argument? how 12K gun homicides every year...worked in Japan didn't it...
But what about the country at the other end of the spectrum? What is the role of guns in Japan, the developed world's least firearm-filled nation and perhaps its strictest controller? In 2008, the U.S. had over 12 thousand firearm-related homicides. All of Japan experienced only 11, fewer than were killed at the Aurora shooting alone. And that was a big year: 2006 saw an astounding two, and when that number jumped to 22 in 2007, it became a national scandal. By comparison, also in 2008, 587 Americans were killed just by guns that had discharged accidentally.
Actually, no body gives a rip about Japan or any other country.
The issue at hand is the 2nd Amendment.
Japan does not have our Constitution or BOR.
Independent

United States

#6496 Mar 5, 2014
really wrote:
peoples lives are more important than your 2nd Amendment ... nobody gives a rat's a$$ if you hillbilly's need to prance around with your guns in your trailer parks and then shoot up animals and people who text in theaters.... if that is the only you need to prove your manhood because you are too insecure intellectually, then TOUGH $-H-I-T
incidentally, BOR and 2ndAm are subject to interpretation....not by hillbillys..
Yer rant was funny, inaccurate as hell, but funny none the less.

:^`P

“Si vis pacem, para bellum !!”

Since: Dec 07

Southeast Virginia

#6498 Mar 6, 2014
grumpy wrote:
<quoted text>Where does say that in the Constitution?
Still having trouble with that whole "shall not be infringed" part, huh???

“Kenyan-born Obama=Antichrist”

Since: Sep 09

Casper, WY

#6499 Mar 6, 2014
Aquarius-WY wrote:
<quoted text>
Because the right to keep and bear is an unalienable and individual right that we all possess from birth.
Unalienable means - unable to be removed.
IT IS GOD-GIVEN.
Kenyan-born, bisexual, Moslem Obama is the Antichrist & 100% Italian Jesuit Pope Francis is the False Prophet. There are over 800 prison camps in the United States. All fully operational and ready to receive prisoners. They are all staffed and even surrounded by full-time guards. But they are all empty. These camps are to be operated by FEMA (Federal Emergency Management Agency) should Martial Law need to be implemented in the United States and all it would take is a presidential signature on a proclamation. Why does the US government need 30,000 Guillotines and over 600 Million rounds of hollow point bullets?. AND 9/11 WAS an inside-job(false-flag event) too.
I hate Big Brother and the Masons&Jesuits who put him in office. A Firing Squad would be too good for him so we'll have to be satisfied with the Lake-of-Fire for his sorry idiocy.

“Si vis pacem, para bellum !!”

Since: Dec 07

Southeast Virginia

#6501 Mar 6, 2014
Kentucky-Mitch wrote:
<quoted text>
That all needs to be changed ArmedAsshole.
Coming from the likes of you........I will consider ^that^ a compliment.

Thanks.
Independent

United States

#6503 Mar 6, 2014
really wrote:
Blah blah blah...insults...blah blah blah.....stats.....
All meaningless regurgitated insults and stats. It doesn't matter which state has the most murders.

Fact:

"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."

All the murders you can point to do not change that fact.
All the stats in the world do not change the 2nd amendment one iota.

Your stats only prove where the murderous crazies live.

BTW: I live in the "Great Northwest."
Independent

United States

#6504 Mar 6, 2014
Kentucky-Mitch wrote:
You must live in a world with unimaginable terrors lurking behind every door.
Pull your head out of........the sand.
That is exactly the world we live in.

6656
grumpy

West Haverstraw, NY

#6506 Mar 6, 2014
Independent wrote:
<quoted text>
Militia = Coast Guard.
If I were limited to being armed as well as they are, I would be fine with that.
Not sure all would agree or even want to stop there.
You do realize most police agencies use fully automatic rifles on the job. Some departments use flame throwers. A host of weapons you will not find in the general public.
Since the gov is barred from using the military against us, they have armed most of their agencies. That is what a tyrannical government would most likely use against us. All it takes is the stroke of a pen.
:^`{
If that famous NRA member Charlton Heston, who was suffering from Alzheimer's, walked into your gun shop to buy an Uzi, you would sell one to him???

“Evolved hunter/gatherer”

Since: Jan 08

Location hidden

#6507 Mar 6, 2014
Aquarius-WY wrote:

<quoted text>
Because the right to keep and bear is an unalienable and individual right that we all possess from birth.
Unalienable means - unable to be removed.
WelbyMD wrote:
<quoted text>IT IS GOD-GIVEN.
.
Moot point. You trying to convince everyone that your God is the only God and everyone else is wrong, is helping sink our freedom ship Doc.
Get off the religious kick and start saying what that sentence actually means in context, and in it's entirety.
Whether one believes in God or not has NOTHING to do with the fact that "ALL men are created equal", and that we come to be in possession of our unalienable rights by simply being born.
You fools trying to defend our founding documents by waging a religion attack instead of a Natural Law approach, is counter productive.
Your approach is akin to bringing a knife to a gun fight.

“Evolved hunter/gatherer”

Since: Jan 08

Location hidden

#6508 Mar 6, 2014
grumpy wrote:
<quoted text>If that famous NRA member Charlton Heston, who was suffering from Alzheimer's, walked into your gun shop to buy an Uzi, you would sell one to him???
Mr. Hesston will never do that. He's dead.
Try again.
Independent

United States

#6509 Mar 6, 2014
grumpy wrote:
If that famous NRA member Charlton Heston, who was suffering from Alzheimer's, walked into your gun shop to buy an Uzi, you would sell one to him???
What has that to do with the 2nd amendment? deflect deflect deflect ....all you have.
Heston, now suffering from death, is unlikely to be walking into any store. Try again.

If I owned a gun shop, I would play by the rules to keep my azz out of jail, all the while fighting against all these infringements with my voice and vote.
Independent

United States

#6511 Mar 6, 2014
really wrote:
still having problems with the fact it is infringed every day in california, new york and many other states...deal with it..nothing you can do but swallow...
Oh how wrong you are. The 9th circuit has recently made a decision reversing some of those infringements. Many more are destined to follow.

".deal with it..nothing you can do but swallow..."

:^`P
Independent

United States

#6513 Mar 6, 2014
really wrote:
blah blah blah.....gratuitous insult....blah blah blah.
None of what you post is a done deal. Odds are against it.
Just because Harris asked for something changes nothing.

My dim wit still outshines your burned out bulb.

:^`P
spoko

Oakland, CA

#6515 Mar 6, 2014
The U.S. leads the developed world in firearm-related murders, and the difference isn't a slight gap – more like a chasm. According to United Nations data, the U.S. has 20 times more murders than the developed world average. Our murder rate also dwarfs many developing nations, like Iraq, which has a murder rate less than half ours. More than half of the most deadly mass shootings documented in the past 50 years around the world occurred in the United States, and 73 percent of the killers in the U.S. obtained their weapons legally.

Since: Feb 11

Location hidden

#6518 Mar 6, 2014
Aquarius-WY wrote:
<quoted text>
I see. Nice to know since that quote is in the very same summation of the Heller decision by the very same justice and the very same writing you cite.
The one where the SCOTUS clearly states that there are limitations to the 2nd Amendment.

Again.

Some never listen.

And stupid person like you don't understand.

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