A CRITICAL GUIDE TO THE SECOND AMENDMENT

[EssOne]

If anyone wants a more serious and comprehensive understanding of the Second Amendment, this document by Constitutional scholar Glenn Harlan Reynolds is a wonderful resource. It is a prodigious, scholarly treatise that answers just about every question I've ever had on the subject, but does so in common, college-level language. It was written in 1995 and originally published as 62 TENN l. REV 461-511. I'm stumbling my way through it, and although it is a colossal article, it keeps me glued down and determined to keep reading.

 

http://www.guncite.com/journals/reycrit.html#fn*

 

In recent years there has been a lot of discussion on internet gun forums about the American citizens' right to rise up against government tyranny. This article should be required reading to anyone and everyone who wants to understand the right to revolt against tyranny as that right is embodied in the Second Amendment, and not as it is often espoused by run of the mill uninformed blowhards on internet gun forums.

 

This is the informed citizen's' best guide to the Second Amendment that I have ever seen. 

 

EssOne

Edited September 1, 2015 by EssOne

[leroy]

Just bookmarked it...

 

Thanks a bunch...

leroy

[tartanphantom]

Excellent, and very detailed and logical. Bookmarked also. Thanks. :usa:

[Chief07]

Book marked it also Thank you.

 

one of the major problems we have is the talking heads in the press spewing false and inaccurate information.

I am disappointed in fox news, they are just as guilty.

Who ever puts their info on the teleprompter needs to do more research. 

And Megan Kelly and others need to question what they are being told to say.

[Ted S.]

I personally recommend The Federalist Papers to anyone wishing to understand the intent of the Constitution.

Sent from my SAMSUNG-SGH-I547 using Tapatalk

[runco]

Bookmarked for later

[Lumber_Jack]

This circled the forum years ago when when I first joined. I still have a printed copy. It's a good informative read

[Radlink54]

Obviously a little dated in light of Heller and McDonald decisions subsequent, but still a great foundational read for those really interested in trying to maintain our Second Amendment rights.  I love to follow Reynolds on Instapundit (blog and twitter)

 

 

"McDonald v. Chicago, 561 U.S. 742 (2010), is a landmark^[1] decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states. The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states."

 

Of course the states still vary in their attempts to regulate this right.

 

The most disturbing thing to remember about Heller and McDonald is BOTH WERE DECIDED IN FAVOR OF OUR SECOND AMENDMENT RIGHTS 5-4!

 

Writing for the dissent Justice Breyer wrote, "In sum, the Framers did not write the Second Amendment in order to protect a private right of armed self defense. There has been, and is, no consensus that the right is, or was, 'fundamental."  4 of the nine justices were on this side of the equation.

 

 

Yes I know that the court is frequently divided that way now days, but that is a scary slim margin of protection of a fundamental right.

[Hershmeister]

Glenn is a tennessee treasure

The SCOTUS followed his same logic in the McDonald cAse
http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

[A.J. Holst]

Great read!

What is obvious to me is to have a Free State we must have the ability to protect ourselves from both tyrannical guv'mint AND evil/lawless members of society.