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Old 08-29-2019, 09:51 PM
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Moriarty is offline
Join Date: Jun 2007
Location: Denver, CO, USA
Posts: 2,919
Originally Posted by Chronos View Post
If the Second Amendment is about self-defense, and self-defense is an inalienable right that the US is based on, then why is the US the only country in the world where the people are not allowed effective tools of self-defense?
Well, as an initial matter, it’s important to remember that the founders only viewed the constitution as applying to the federal government. It is entirely up to a state, in their mind, to decide for itself such issues as the right to bear arms within its borders (although I’m certain that most states at that time, if not all, did in fact assure their citizens of the right to bear arms). The 2nd amendment, as originally conceived, wouldn’t have prevented a state from outlawing individual gun ownership (amendments were not “incorporated” to the states until courts said so, much later, and even then they did so selectively with specific amendments).

Moreover, the 2nd amendment was an assurance to the States that they could maintain their own militias, so that they wouldn’t be a) subject to an invading federal army, or b) unable to suppress their own uprisings because the federal government failed to defend them. It doesn’t pertain to individuals.

Scalia invented the individual right stuff. He was an activist judge on things he wanted.

Last edited by Moriarty; 08-29-2019 at 09:52 PM.