{"id":12470,"date":"2009-08-18T13:08:58","date_gmt":"2009-08-18T13:08:58","guid":{"rendered":"https:\/\/maverickphilosopher.blog\/index.php\/2009\/08\/18\/the-aclu-on-the-second-amendment\/"},"modified":"2009-08-18T13:08:58","modified_gmt":"2009-08-18T13:08:58","slug":"the-aclu-on-the-second-amendment","status":"publish","type":"post","link":"https:\/\/maverickphilosopher.blog\/index.php\/2009\/08\/18\/the-aclu-on-the-second-amendment\/","title":{"rendered":"The ACLU on the Second Amendment"},"content":{"rendered":"

\"Aclu_tshirt-p235462473170398647q6xn_400\"<\/a> The following is verbatim from the ACLU website<\/a>:<\/font><\/p>\n

\n

The Second Amendment provides: "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."<\/font><\/p>\n

ACLU POSITION<\/span>
Given the reference to "a well regulated Militia" and "the security of a free State," the ACLU has long taken the position that the Second Amendment protects a collective right rather than an individual right. For seven decades, the Supreme Court's 1939 decision in United States v. Miller<\/em> was widely understood to have endorsed that view.<\/font><\/p>\n

The Supreme Court has now ruled otherwise. In striking down Washington D.C.'s handgun ban by a 5-4 vote, the Supreme Court's 2008 decision in D.C. v. Heller<\/em> held for the first time that the Second Amendment protects an individual's right to keep and bear arms, whether or not associated with a state militia.<\/font><\/p>\n

The ACLU disagrees with the Supreme Court's conclusion about the nature of the right protected by the Second Amendment. We do not, however, take a position on gun control itself. In our view, neither the possession of guns nor the regulation of guns raises a civil liberties issue.<\/strong><\/font><\/p>\n<\/blockquote>\n

Two main points. First, the concluding sentence of the quotation, which I have bolded, is so preposterous as to take the breath away. Whether or not there is a right to keep and bear arms is plainly<\/em> a civil liberties issue.  I would have thought that this would require no argument. Apparently I was wrong: liberals of the ACLU stripe are so preternaturally stupid as to be blind to the obvious.  You will see this if you understand what a civil liberty is.  Here are some definitions:<\/font><\/p>\n

  • one's freedom to exercise one's rights as guaranteed under the laws of the country <\/font>\n
  • fundamental individual right protected by law and expressed as immunity from unwarranted governmental interference
    <\/font>    wordnetweb.princeton.edu\/perl\/webwn<\/font><\/a>\n
  • Civil liberties are freedoms that protect an individual from the government of the nation in which they reside. Civil liberties set limits for government so that it cannot abuse its power and interfere unduly with the lives of its citizens.
    <\/font>    en.wikipedia.org\/wiki\/Civil_liberty<\/font><\/a>\n

    Even if you think of the right to keep and bear arms as a collective right — a right an individual has in virtue of belonging to a militia– it is still a civil liberty by the first and third definitions.<\/font><\/p>\n

    But, and here is my second point, one cannot correctly infer that the right in question is a collective right from the wording of the Second Amendment.  Carefully read the Second Amendment, quoted above, and note that the subordinate clause provides a reason<\/em>, which is not the same as the only reason<\/em>, for the right in question not to be infringed.  One cannot therefore validly infer from the formulation of the Second Amendment that it refers only to a collective right.  ""A well regulated Militia, being necessary to the security of a free State" gives one reason for the protection of gun rights.  This is consistent with there being other reasons.  Three other reasons come readily to mind.  There  is the need for the means of self-defense of oneself and one's family from the criminal element.  There is the need for the means of defense against wild animals. (Would you backpack in grizzly country without any protection?  You might end up bear scat like the benighted Timothy Treadwell.)   And there is the need for the means of defense against a usurpatious government.<\/font><\/p>\n<\/li>\n<\/li>\n<\/li>\n","protected":false},"excerpt":{"rendered":"

    The following is verbatim from the ACLU website: The Second Amendment provides: "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." ACLU POSITION Given the reference to "a well regulated Militia" and "the security of a free … Continue reading “The ACLU on the Second Amendment”<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[112,163],"tags":[],"class_list":["post-12470","post","type-post","status-publish","format-standard","hentry","category-alcohol-tobacco-and-firearms","category-leftism-and-political-correctness"],"_links":{"self":[{"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/posts\/12470","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/comments?post=12470"}],"version-history":[{"count":0,"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/posts\/12470\/revisions"}],"wp:attachment":[{"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/media?parent=12470"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/categories?post=12470"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/tags?post=12470"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}