It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
John Paul Stevens, the 97-year-old retired Supreme Court justice, is calling for the repeal of the Second Amendment and is encouraging anti-gun protesters to do the same.
Stevens argued that the amendment – which states that “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” – is a “relic of the 18th century.”
originally posted by: TinySickTears
a reply to: shawmanfromny
Poor guy is 97.
Poor guy is not a justice
It's an opinion piece
Can people still have opinions?
originally posted by: TinySickTears
a reply to: shawmanfromny
Poor guy is 97.
Poor guy is not a justice
It's an opinion piece
Can people still have opinions?
originally posted by: Sookiechacha
a reply to: shawmanfromny
Secondly, "The People" have a well regulated militia, several actually. They are called the Army, the Navy, The Coast Guard, The Air Force and the National Guard.
originally posted by: shawmanfromny
What part of "not be infringed" does he not get? No faster way to start a civil war in this country, if Democrats take back control of the government and try to repeal our 2nd Amendment rights.
originally posted by: LogicalGraphitti
Why is the opinion about the 2nd amendment treated as a left vs. right thing? Does one have to give up their guns when they register as a Democrat?
Dissenting opinions
In a dissenting opinion, Justice John Paul Stevens stated that the court's judgment was "a strained and unpersuasive reading" which overturned longstanding precedent, and that the court had "bestowed a dramatic upheaval in the law".[52] Stevens also stated that the amendment was notable for the "omission of any statement of purpose related to the right to use firearms for hunting or personal self-defense" which was present in the Declarations of Rights of Pennsylvania and Vermont.[52]
The Stevens dissent seems to rest on four main points of disagreement: that the Founders would have made the individual right aspect of the Second Amendment express if that was what was intended; that the "militia" preamble and exact phrase "to keep and bear arms" demands the conclusion that the Second Amendment touches on state militia service only; that many lower courts' later "collective-right" reading of the Miller decision constitutes stare decisis, which may only be overturned at great peril; and that the Court has not considered gun-control laws (e.g., the National Firearms Act) unconstitutional. The dissent concludes, "The Court would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons.... I could not possibly conclude that the Framers made such a choice."
Justice Stevens' dissent was joined by Justices David Souter, Ruth Bader Ginsburg, and Stephen Breyer.