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- Path: sparky!uunet!stanford.edu!ames!lll-winken!wyrm!UUCP
- From: Terry.Preston@f207.n914.z8.rbbs-net.ORG (Terry Preston)
- Newsgroups: sci.skeptic
- Subject: The 2nd amendment- part 1
- Message-ID: <721923838.3@wyrm.rbbs-net.ORG>
- Date: 11 Nov 92 07:03:52 GMT
- Sender: UUCP@p0.f201.n914.z8.rbbs-net.ORG
- Lines: 82
-
- In article <51419@seismo.CSS.GOV> (Thomas Carter) wrote as follows:
-
-
- TC>Excuse me Rick [Moen], but you couldn't be more wrong. The 2nd Amend.
- TC>does indeed protect the right of the individual citizen to keep and
- TC>bear arms.
-
- TC>Everything from historical commentary to modern case law is on the
- TC>side of the individual interpretation.
-
- I respectfully disagree.
-
- TC>Perhaps a little research before "posturing" is called for.
-
- OK. I've gone through "U.S. Reports", the primary case reporter for the
- U.S. Supreme Court, as well as relevant other sources like the Federal
- Reporter and the United States Code to verify these cites.
-
- TC>This interpretation is upheld by the writings and speeches of all of
- TC>the major players of the time [of the writing of the Constitution].
-
- Whether we must consistently follow the interpretation of the
- Constitution provided by some of the authors, regardless of contemporary
- relevance, is a matter of intense debate among legal scholars (recall
- the Robert Bork confirmation hearings). The world of small farmers that
- the Framers lived in has long since passed, and the federal government,
- faced with Indian wars and threats from European powers, recognized
- pretty quickly after the adoption of the Constitution that the core of
- American land defense had to be a disciplined and well-managed
- professional army.
-
- TC>Specifically, you should acquaint yourself with the following Supreme
- TC>Court cases:
-
- TC>Scott v. Sanford (1857) [Dred Scott]
-
- TC>US v. Cruikshank (1876)
-
- The issue in 'Dred Scott' was whether or not state law could free as
- slave simply by virtue of the slave entering the state. The court held
- that slaves were property identified and protected by the Constitution,
- and that no state could deprive a slaveowner of his property without due
- process of law. 'Cruikshank' merely reaffirms this well-settled
- constitutional doctrine concerning the taking of private property.
-
- Nothing in 'Scott' or 'Cruikshank' appear to prohibit a state from
- confiscating arms. From these holdings I would argue that if the state
- does move to confiscate private arms it must pay adequate compensation
- and provides grounds for challenging the amount of compensation.
- Lincoln took this view regarding slavery when he proposed compensating
- slaveowners for lost property prior to the Emancipation, and later to
- make peace with defeated Confederates. Several bills, including a
- recent proposal by outgoing Senator Alan Cranston of California that
- would reimburse gun owners a set amount for compulsory surrender of
- selected private arms.
-
- In conclusion, these cases do not find an independent right to bear
- arms enshrined in the Second Amendment. If the NRA or their fellow
- travellers are citing them, then they're agreeing with those who hold
- that guns should be treated by the Constitution as any other form of
- private property.
-
- TC>In this century there are only two Supreme Court cases that even
- TC>mention the 2nd [Amendment].
-
- TC> US v. Miller (1934)
-
- TC> Court rules that the 2nd applies to individual citizen.
- TC> Further states that the citizen has the right to keep and
- TC> bear any arm which would be useful to a regular (infantryman).
-
- I have no idea where your source got this idea. U.S. v. Miller, 294
- U.S. 436, (1934) deals with an infantryman who lost his arm while on
- duty in France in 1918 who was challenging the government's denial of a
- pension. There is absolutely nothing regarding the Second Amendment
- in this case. If I have the wrong case, please provide the full cite.
-
- <Continued in next message>
-
- * DeLuxe 1.21 #11899 *
-
- * Origin: The Skeptic's Board in San Mateo - Bay Area Skeptics (8:914/207)
-