True, but his second point is valid from a strict constructionalist's perspective. If we want to get into the Framer's minds then they were speaking of the firearms that existed then. (Just playing Devil's Adocate on this one)
Scalia this time: The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home. (a) The Amendment's prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause's text and history demonstrate that it connotes an individual right to keep and bear arms.
True, but his second point is valid from a strict constructionalist's perspective. If we want to get into the Framer's minds then they were speaking of the firearms that existed then. (Just playing Devil's Adocate on this one)
gpromeo54 3 years ago
Keith is wrong this time.
Scalia this time: The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home. (a) The Amendment's prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause's text and history demonstrate that it connotes an individual right to keep and bear arms.
USNARox2008 3 years ago