Outside the mainstream of jurisprudence
It doesn't strike the elites of this country as odd that the cities with the toughest gun control measures have the highest crime rates while those states and municipalities with more liberal gun control laws have lower crime rates.
But when the Court of Appeals for the D.C. Circuit declares that the Second Amendment's declaration that "the right of the people to keep and bear Arms, shall not be infringed," actually affirms the right of the people to keep and bear arms, the elites in the D.C. government consider it outside the "mainstream of American jurisprudence."
The Wall Street Journal editorial is here.
But when the Court of Appeals for the D.C. Circuit declares that the Second Amendment's declaration that "the right of the people to keep and bear Arms, shall not be infringed," actually affirms the right of the people to keep and bear arms, the elites in the D.C. government consider it outside the "mainstream of American jurisprudence."
The Wall Street Journal editorial is here.
"The phrase "the right of the people" or some variation of it appears repeatedly in the Bill of Rights, and nowhere does it actually mean "the right of the government." When the Bill of Rights was written and adopted, the rights that mattered politically were of one sort -- an individual's, or a minority's, right to be free from interference from the state. Today, rights are most often thought of as an entitlement to receive something from the state, as opposed to a freedom from interference by the state. The Second Amendment is, in our view, clearly a right of the latter sort."



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