In DC versus Heller of 54 decision,
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the Supreme Court decided that the Second Amendment was
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in fact to protect an individual right.
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But that was not the original intent.
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Yes, the majority was wrong.
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The Heller case arose after the district of Columbia
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enacted a number of gun regulations,
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essentially making operational handguns illegal.
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In order to oppose this and rule as they did,
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the majority had to do a history dance,
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taking us back as far as the English Bill of rights,
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which was passed in 1689.
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But the crux of the argument is really pretty simple.
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Whether or not the term militia
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refers to an individual right
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or the collective right of states.
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The deep dive is completely unnecessary,
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as the Constitution itself gives us a definition.
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Here’s a Second Amendment.
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Read it carefully.
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In article one, section 8,
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under the powers of Congress,
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it says, to provide for calling forth the militia
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to execute the laws of the union,
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suppress insurrections and repel invasions.
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To provide for organizing,
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arming, and disciplining the militia,
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and for governing such part of them
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as may be employed in the service United States,
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preserving to the states,
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respectively,
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the appointment of the officers
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and the authority of training the militia
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according to the discipline prescribed by Congress.
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The Second Amendment is seen by many is sacred.
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I was one of them.
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But the Constitution is a political document
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with political interests involved in its creation.
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For instance,
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James Madison didn’t initially Want a Bill of rights.
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But in order to get the Constitution ratified,
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he argued for them in the Federalist Papers.
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To get primarily southern states on board.
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Southern states wanted to make sure
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that they could keep their own militias.
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To check the power of the Fed.
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And the number
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one reason they were concerned about this slavery.
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And finally,
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these militias were primarily made up of people
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who were using their own weapons,
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and they wanted to make sure
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that the feds couldn’t confiscate them.