Yet another Heller denial letter

https://www.pilotonline.com/opinion/letters/vp-ed-letf-0828-20190828-ma7iuq3jkzgw5jjbnrttiyz3mi-story.html

From the “Heller” opinion

”    The Second Amendment is naturally divided into two parts: its prefatory clause and its operative clause. The former does not limit the latter grammatically, but rather announces a purpose. ”

https://www.law.cornell.edu/supct/html/07-290.ZO.html

Instead of endlessly publishing LTEs telling us that the 2nd Amendment doesn’t protect an individual right, perhaps whoever edits the LTEs should read the decision.

7 thoughts on “Yet another Heller denial letter

  1. and when the purpose is OBE, then guess what happens to the operative clause?

    Because of the importance of flint tools, the right of the people to dig flint shall not be abridged.

    Liked by 1 person

  2. Maybe HELLER was decided wrongly, as you imply about Roe?

    I also noticed that the HELLER link did not have the actual dissenting opinion, just the counters to it by the majority. Unless I missed it.

    Those are opinions that you are entitled to. Others are entitled to opine differently.

    Liked by 1 person

    1. “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.” Source unnecessary

      According to US Code… “The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.”
      https://www.law.cornell.edu/uscode/text/10/246

      Does this mean that only those defined as being in the militia have a right to bear arms? Doc, how old are you?

      Like

    2. RE: “Does this mean that only those defined as being in the militia have a right to bear arms?”

      Nope, not even close. It means there is a legislative basis for the draft. Since every person who meets the standard is already, by definition, a member of the militia, they can be ordered to duty.

      Like

  3. Okay everyone listen for the sound of a loud “pop”.

    Doc, given what you say is true (grammatically and logically) then the operational clause of the 2nd Amendment may no longer protects our rights (yours and mine) specifically BECAUSE of the prefatory clause.

    That is, it could easily be argued, withing confines of the Constitution, SCOTUS rulings, and Federal Code, that laws can be passed, only at the State and Federal levels, forcing us (you and I) to disarm — except within the decision of Heller on handguns.

    Liked by 1 person

    1. go for it

      It is standard practice in the Roberts Court to rule narrowly and provide adequate dicta to guide the legislatures to pass Constitutional laws.

      If they push their luck, a broader ruling will follow.

      Like

    2. RE: “the operational clause of the 2nd Amendment may no longer protects our rights (yours and mine) specifically BECAUSE of the prefatory clause.”

      Not really. Grammatically and logically, the operational clause applies with or without the prefatory clause. The point is that the prefatory clause doesn’t control the operative one. That, in fact, is why the individual right to keep and bear arms is sustained by the very wording of the 2nd Amendment.

      Like

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