On Monday the Supreme Court published its second landmark Second Amendment, gun rights decision in modern times. The news is good, both for individual rights and for the Constitution.
Two years ago this week the Court debunked what had been, for nearly a century, the prevailing legal interpretation of the Second Amendment. This interpretation, a contrived fiction invented by anti-liberty progressives, held that the Amendment was not written and added to the Constitution to protect an individual’s right to own a gun.
Rather, said the progressives, the founders intended to give government a so-called “collective right” to issue guns to on-duty National Guardsmen.
Even a casual review of Constitutional history reveals as preposterous the leftist notion that the founders intended for the Bill of Rights, a list of protected individual rights, to include an assurance that government troops could be armed. The founders’ fundamental mission, expressed in the Declaration of Independence, and throughout the drafting of the Constitution and Bill of Rights was to protect individual liberty from the inevitable tendency of governments to grow and become too powerful and oppressive.
Two years ago, in the Heller case, the Supreme Court struck down a thirty-two-year-old Washington D.C. law forbidding individual ownership of firearms. In this landmark ruling, the court affirmed the intent of the authors of the Second Amendment to protect the right of individuals to own guns that preexisted the US government, or any of the states.
Two years ago the Justices in the minority put enormous effort into rehashing all the specious arguments of the past century to defend the tortured “collective right” interpretation. Here are a couple of excerpts from the minority’s dissenting opinion that summarized their thinking:
“…nothing in the Constitution protected the use of arms outside the context of a militia authorized by law and organized by the State or Federal Government.”
“In 1901 the President revitalized the militia by creating the National Guard of the several States.”
On Monday, the Court ruled that the right to own a gun applied not just in Washington D.C. but in all the states. The case, a suit brought by residents against the City of Chicago, challenged that city’s gun laws which effectively banned all private gun ownership.
The establishment media seems to have forgotten then-Senator Obama’s reaction to the Heller decision two years ago, in the midst of the Presidential campaign:
I have said consistently that I believe the second amendment is an individual right. And that was the essential decision that the Supreme Court came down on.
Yet the first Justice Obama appointed to the Court, Justice Sotomayor, sided quite predictably with the minority, in favor of allowing states or cities to ban gun ownership, in violation of the Second Amendment.