9-0
What’s most striking about Heller is that absolutely everybody — majority and dissents — says the Second Amendment protects an individual right.
But:
It’s true that the dissenters’ view of that right is somewhere between “minimalist” (to be charitable) and “incoherent” (to be accurate).
June 30th, 2008 at 10:01 am
When the 2nd Amendment (or any others of the Bill of Rights) is considered, it should also be in the context of the Premble to the Bill of Rights which says they are “added restrictive and delcarative clauses’. That is RESTRICTIVE of the Federal Gov’t and DECLARATIVE of the rights of the people (or States).
Those who assert thatt the mention of the militia is restrictive of the right of the people fail to see that the whole of the Bill of Rights is addressed to the Federal Government. So “a well-regulated militia being necessary to the security of a free State, is an explanatory sub-ordinate clause. It delegates no powers. “The right of the people to keep and bear arms shall not be infringed ” is the declarative of rights part of the sentence and it is also restrictive of the Federal Government to which it’s addressed. Any delegated power re: the militia is left to the States (10th Amendment) therefore, ALL Federal gun laws are null and void, exept those applying to “that part of them” (the militia) which “may be employed..when called forth into the service of the United States”—–> Article I, Section 7. 15-16, U.S. Constitution
June 30th, 2008 at 1:07 pm
The Supreme Court’s Second Amendment ruling in Heller continues to give employers the right to ban guns/weapons from the workplace, subject to state laws as this post explains.
http://hrheroblogs.com/theword/2008/06/30/bearing-arms-in-the-workplace/