The Fatally Flawed Second Amendment [View all]
Gun rights advocates rest their case heavily on the Second Amendment to the U.S. Constitution, insisting that the Second Amendment gives people the right to keep and bear arms. They are mistaken in their claim.
Justice Anthony Scalia, writing the majority opinion in District of Columbia v. Heller, acknowledges this when he writes: The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it shall not be infringed. He adds: [t]his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second Amendment declares that [the right] shall not be infringed.
So if the Second Amendment does not give people the right to keep and bear arms, what does it say?
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.
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