A Quote by Ruth Bader Ginsburg
In my view, if the Court had properly interpreted the Second Amendment, the Court would have said that Amendment was very important when the nation was new, it gave a qualified right to keep and bear arms but it was for one purpose only, and that was the purpose of having militiamen who were able to fight to preserve the nation.
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When I joined the Supreme Court in 1975, both state and federal judges accepted the Court's unanimous decision in United States v. Miller as having established that the Second Amendment's protection of the right to bear arms was possessed only by members of the militia and applied only to weapons used by the militia.
Historically, the new government had no money to pay for an army, so they relied on the state militias. And the states required men to have certain weapons and they specified in the law what weapons these people had to keep in their home so that when they were called to do service as militiamen, they would have them. That was the entire purpose of the Second Amendment.
Almost all gun control legislation is constitutionally fine. And, if the court is right, then fundamentalism does not justify the view that the Second Amendment protects an individual right to bear arms.
By calling attention to 'a well regulated militia,' 'the security of the nation,' and the right of each citizen 'to keep and bear arms,' our founding fathers recognized the essentially civilian nature of our economy... The Second Amendment still remains an important declaration of our basic civilian-military relationships in which every citizen must be ready to participate in the defense of his country. For that reason I believe the Second Amendment will always be important.
Just as the First and Fourth Amendment secure individual rights of speech and security respectively, the Second Amendment protects an individual right to keep and bear arms. This view of the text comports with the all but unanimous understanding of the Founding Fathers.
And it never, ever was interpreted that the Second Amendment meant individual's right to bear arms
Despite two decisions, in 2008 and 2010, by the U.S. Supreme Court unequivocally affirming that the Second Amendment to the Constitution guarantees an individual right to keep and bear arms against infringement by the government, state legislatures continue to do just that - enact laws that significantly infringe this fundamental human right.
I find it very odd that the amendment about the right to bear arms, laws that were written so long ago, still pertain and don't get adjusted properly. Because the right to bear arms doesn't mean automatic weaponry designed specifically for human combat.
I own guns because it's my right, it's my Second Amendment right, and no one in Washington gave me that right; it's a natural right confirmed by the very people that founded this nation.
[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table.... Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.
We need a Supreme Court that in my opinion is going to uphold the Second Amendment, and all amendments, but the Second Amendment, which is under absolute siege.
...The Bill of Rights is a literal and absolute document. The First Amendment doesn't say you have a right to speak out unless the government has a 'compelling interest' in censoring the Internet. The Second Amendment doesn't say you have the right to keep and bear arms until some madman plants a bomb. The Fourth Amendment doesn't say you have the right to be secure from search and seizure unless some FBI agent thinks you fit the profile of a terrorist. The government has no right to interfere with any of these freedoms under any circumstances.
I disagreed with the way the court applied the Second Amendment in Heller's case, because what the District of Columbia was trying to do was to protect toddlers from guns and so they wanted people with guns to safely store them. And the court didn't accept that reasonable regulation, but they've accepted many others. So I see no conflict between saving people's lives and defending the Second Amendment.
The Second Amendment is, of course, very much part of the American fabric. But the intent of the founders was that the amendment protected the rights of citizens to bear arms in a militia for their collective self-defense.
Get rid of the guns. We had the Second Amendment that said you have the right to bear arms. I haven't seen the British really coming by my house looking for it. And besides, the right to bear arms is not an absolute right anyway, as New York's Sullivan Law proves. We talk about ourselves as a violent society, and some of that is right and some of it is claptrap. But I think if you took away the guns, and I mean really take away the guns, not what Congress is doing now, you would see that violent society diminish considerably.
The First Amendment is crucial. Of course it is. So are all the others. And the Second Amendment is the one that guarantees that people can bear arms to protect themselves.
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