Like the rest of the Bill of Rights, the second amendment states that the declaration of the Declaration of Independence that the basic goal of the government is to protect the rights of individuals - the existence of the government before the government's establishment for their existence And independence - are acknowledged. This is a promise to make the government illegal if it is destroyed.
Obviously, the second amendment is the approval of defending the rights to life - usually the rights to the tools necessary for defense. As Robert Heinlein wrote in 1959, the militia provision is expressed as follows. "... Survival can be more intense than your personal survival, eg your family, your child's survival When they are, your country, if you are suffering from the scale. "
As we believe, the second amendment protects the rights of individuals, but that these rights are never bound by limited, narrowly tuned specific exceptions or limitations, not being bound by such exceptions or restrictions It does not mean. It is reasonable and inconsistent with the right. Americans usually have their own weapons they understand in the history of the country.
The same applies to the second amendment. Even if the second amendment agrees to prohibit the government from "infringing" the right of "holding and transporting weapons", the government can not rationally manage the manufacture, sale, ownership and ownership of the gun It does not mean that. In fact, this is what Judge Scalia said in his opinion on Heller Court.
His new book, Second Fix: Biography, Michael Waldmann, Chairman of the Brennan Justice Center, New York University, examined this difference in detail. What does the second amendment mean today and what does it mean over time? From the Constitutional Law to the Modern Court, he follows the history of controversial provisions and the legal reasoning behind it. This historical method is remarkable. Heller's decision, written by the judge of Anthony Scalia, was rooted in the idea that primitiveism, the "constitution" should be interpreted according to the original intention of the founder. Waldman emphasized that we must understand the manufacturer's idea but we believe it impossible to give them the last sentence - it is also unrealistic. "I can not return to the time machine and tap James Madison and ask him what to do," he said. "It is important how this country evolves, what the country needs now is important.
What does "having weapons" mean? The second Amendment to the Constitutional Amendment states that "a sufficiently controlled militia is necessary for the security of free countries, the rights of people holding and carrying weapons should not be infringed" . Many critics including Johnson reviewed the first half of this revision in the past. For some people it is clear that the first article is consistent with Article 2: the right to carry weapons is related to military service.