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OpEdNews Op Eds    H2'ed 4/13/22

2008 DC v Heller Case Gutted 2nd Amendment

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Message Don Scotten

There was a time, when the 2nd amendment was written into the constitution, that the right of citizens to bear arms was allowed, essentially mandated. And, then, there was a purpose for this right to exist--in order to maintain a well regulated militia to provide for the security of the State.

Those were the days, my friend, however, those days are long gone. There are no longer well regulated militias nor a need for them. And isn't it great to have a police force to serve and protect so we need not walk around armed and dangerous in our communities, our grocery stores, our malls and to schools to pick up our kids. Also great, to have a strong national military so we need not grab our guns, mount our ponies and ride around our neighborhoods yelling" The Canadians Are Coming'!

This last was the underlying point of the 2nd amendment which today is absolutely pointless. Absent the existence and need for a well regulated militia the 2nd amendment has no standing and, therefore, neither does the right to bear arms . Today, given a lack of constitutional support for the right to bear arms, if a new constitutional basis for the right to bear arms is desired, it must be decided by all of congress--a whole new rationale and justification for this right.

I raise these issues for two main reasons. First, in the 2008 DC v Heller decision, the not so supreme court under Chief Justice Scalia pulled a stunning and arbitrary and likely illegal decision out of their backsides which decided the intent of the authors of the 2nd amendment to be null and void. "They' decided that the right to bear arms no longer can be referenced to the existence of a well regulated militia.--this the backbone of the 2nd amendment..

The second reason I pen this is because I believe anyone who feels the 'need' to carry a loaded weapon in public is by virtue of that need psychologically disturbed =. This need is based on fear or anger or aggression...Psychologically disturbed people with loaded guns in our collective safe spaces (malls, grocery stores etc) will inevitably produce terrible events and untold suffering and loss.

So, we should revisit DC v Heller and deem it unconstitutional to willy nilly throw out the intent of the framers of the 2nd amendment and further accept the wisdom of the 2nd amendment which is, absent the need for a well regulated militia, the right to bear arms by us citizens has no constitutional standing

Don Scotten

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I am an ordinary citizen who for the first sixty years of his life was mostly disinterested in politics. Then George Bush and Dick Cheney intruded into my consciousness and I realized politics is important and determines who lives and who dies. (more...)
 

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