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How to explain the Second Amendment

Dutch Wheeler

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"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."
: Robert H. Jackson, US Supreme Court Justice West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)


As to the "restrictions" on freedom of speech:


“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force.” Schenck v. United States, 249 U.S. 47 (1919)


If we translate Schenck to apply to the 2nd, it would read something like “The most stringent protection of the rights to keep and bear arms would not protect a man in wantonly opening fire in a public place and causing death, injury, and panic.  It does not even protect a man who brandishes a firearm in public with the intent of causing fear and panic among the people.”

And, re other civil rights:


 "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda v. Arizona, 384 US 436, 491. 

"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, at 489. 

“There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights." Sherer v. Cullen, 481 F 946

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