• Justice Stevens: The five extra words that can fix the Second Amendment

    by  • April 22, 2014 • Politics & Law • 0 Comments

    MinutemanFor more than 200 years following the adoption of that amendment, federal judges uniformly understood that the right protected by that text was limited in two ways: First, it applied only to keeping and bearing arms for military purposes, and second, while it limited the power of the federal government, it did not impose any limit whatsoever on the power of states or local governments to regulate the ownership or use of firearms. Thus, in United States v. Miller, decided in 1939, the court unanimously held that Congress could prohibit the possession of a sawed-off shotgun because that sort of weapon had no reasonable relation to the preservation or efficiency of a “well regulated Militia.”

    As a result of the rulings in Heller and McDonald, the Second Amendment, which was adopted to protect the states from federal interference with their power to ensure that their militias were “well regulated,” has given federal judges the ultimate power to determine the validity of state regulations of both civilian and militia-related uses of arms. That anomalous result can be avoided by adding five words to the text of the Second Amendment to make it unambiguously conform to the original intent of its draftsmen. As so amended, it would read:

    “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”

    Read the full essay @ The Washington Post.

    About

    Michael Sauers is currently the Technology Innovation Librarian for the Nebraska Library Commission in Lincoln, Nebraska and has been training librarians in technology for more than 15 years. He has also been a public library trustee, a bookstore manager for a library friends group, a reference librarian, serials cataloger, technology consultant, and bookseller. He earned his MLS in 1995 from the University at Albany’s School of Information Science and Policy. Michael’s twelfth book, Google Search Secrets (w/ Christa Burns) was published October 2013 and has two more books on the way. He has also written dozens of articles for various journals and magazines. In his spare time he blogs at travelinlibrarian.info, runs Web sites for authors and historical societies, takes many, many photos, and reads more than 100 books a year.

    http://www.travelinlibrarian.info/

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