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From Clayton Cramer:

Is The Dam Breaking?

Dave Hardy over at Arms and the Law http://armsandthelaw.com/archives/2006/ ... n_saul.php reports on Saul Cornell's new book about the Second Amendment:

His thesis appears to be--

1. Yes, the 2A is an individual right. (The first quarter of the book could have come straight from Steve Halbrook's writings).

2. But it was one originally linked to militia duty (he goes against 14th Amendment privileges &immunities incorporation).

3. Hence (and here is a problem for him) it is subject to extensive regulation.

As to (1), I think it marks a collapse of the collective rights position. When an advocate for gun control has to concede this and discard collective rights, the main defenses have been breached.
I also agree with Dave's point about Cornell's linking the Second Amendment to militia duty--that was the stated reason, because the idea of disarming law-abiding citizens so as to prevent them from defending themselves was incomprehensible. For example, at the Philadelphia Convention, in August 23, 1787, at Elliot's Debates, 5:465 http://memory.loc.gov/cgi-bin/ampage?co ... linkText=1 , Elbridge Gerry expressed his opposition to a proposal to give the federal government authority to regulate the state militia by calling it despotism--and what he compared it to shows what else he regarded as despotism--and he assumed his fellow delegates would understand it as such:

Mr. GERRY. This power in the United States, as explained, is making the states drill-sergeants. He had as lief let the citizens of Massachusetts be disarmed, as to take the command from the states, and subject them to the general legislature. It would be regarded as a system of despotism. [emphasis added]

posted by Clayton at 11:26 AM
http://www.claytoncramer.com/weblog/200 ... 5366467106
 

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Discussion Starter · #3 ·
I think somebody now moved it . . .
 
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