imported post
swatpro911 wrote:
I believe its not just individual right, its a right of all americans as a whole
Leave it to me to interject.
I assume you meant to say, "I believe it's not just an individual right, it's a right of all Americans as a whole."
In my interpretation of the statement, you're saying you subscribe to both an individual and a collectivist view of the right. As recently as a year or two ago, I was under the mistaken belief that the 2A is either a collective right or a right of the general populace. This was somewhat driven by the 9th circuits rulings on cases here in California.
I think the reason that there is this 'collective' right distortion, is attributable to both the founding fathers inability to foresee an overreaching Federal government and the legislators and judiciaryspropensity for incrementalism.
These rights that are enumerated in the bill of rights are not set forth as only for "Americans' but for anyone who is in jurisdiction of the United States. When someone is a vistor or a resident alien, they have
the same right to speech as we are. And I believe it doesnt stop there... Since there are no 'exceptions' in the application and excersize of rights, each
individual must have the same right and same ability to excersize it.
I believe there would be little discussion of 'collective rights' if the wording to the second was properly interpreted as the following;
A well equiped Militia (armed populace) being necessary to the security of free States, the right of the people to keep and bear Arms shall not be invalidated by law or decree.