User talk:Pre-1967 English student
Second Amendment jurisprudence pre-Heller
[edit]Please review prior to editing or commenting further on the Second Amendment. I have posted it on the Talk Page as well, but I'm reaching out to you and all other editors personally because I sincerely believe when you review the evidence and when you search for contrary evidence, you will see I am correct about this history. I'm not claiming you personally had any statement about this, but I wanted to post the identical thing on every editors' talk page so please do not take it personally. "You" refers to anyone who disputes the reliable sources I have posted below. (And in fact, I don't think "you" dispute them at all.)
The law WAS collective only prior to Heller. If I show you 3 cases and several commentaries by irrefutably accurate sources and you cannot show me a single case from 1939 to 2000 to refute it, you have to accept that history is history.
Here are some quotes from:
In 1977 at a Denver hotel, Don Kates paced a conference room lecturing a small group of young scholars about the Second Amendment and tossing out ideas for law review articles. Back then, it was a pretty weird activity in pursuit of a wacky notion: that the Constitution confers an individual right to possess a firearm.
“This idea for a very long time was just laughed at,” said Nelson Lund, the Patrick Henry professor of constitutional law and the Second Amendment at George Mason University, a chair endowed by the National Rifle Association. “A lot of people thought it was preposterous and just propaganda from gun nuts.” ...
The Second Amendment states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Before the Heller decision, the Supreme Court and lower courts had interpreted the language as “preserving the authority of the states to maintain militias,” according to a Congressional Research Service analysis.
“It was a settled question, and the overwhelming consensus, bordering on unanimity, was that the Second Amendment granted a collective right” enjoyed by the states, not individuals, Bogus said. Under this interpretation, the Constitution provides no right for an individual to possess a firearm.
Lund [Remember he's the NRA-endowed Second-Amendment professor!] agreed that there was a consensus but said it was “based on ignorance.”
OK, you don't trust the Congressional Research Service, the Library of Congress, the New York Times, the Washington Post, or the National Rifle Association-endowed professor of constitutional law and the Second Amendment? How about trusting the courts themselves? Just read these three:
- Cases v. United States, 131 F.2d 916 (1st Cir. 1942)
- United States v. Warin, 530 F.2d 103, 106 (6th Cir. 1976) (“[i]t is clear that the Second Amendment guarantees a collective rather than an individual right.”)
- Love v. Peppersack, 47 F.3d 120, 123 (4th Cir. 1995) (“the lower federal courts have uniformly held that the Second Amendment preserves a collective, rather than individual right.”)
All of them cited Miller. All of them were the law of the land. There's not a single case in all of American history in any court state or federal that found an individual right to bear arms absent service in a militia and struck down a gun law as unconstitutional prior to 2000. I will pay $100 to anyone who can find any case that says so.
Furthermore, there is not a single President prior to 2000 that stated he believed the Supreme Court conferred an individual right to bear arms under the Second Amendment absent service in a militia. Even Reagan didn't believe it. I will pay $100 to anyone who can find any President that stated this position prior to 2000.
Truth is truth. If you don't like truth, you should not be editing wikipedia. Many editors here, I know you believe otherwise. But whoever told you a lie was true was mistaken. Read my sources. Then look for reliable sources on your own. When you can't find any (and if you do, I'll give you $100), I would respectfully request that all of you withdraw your objections. If you don't, then you are clear POV-pushers and should not be editing wikipedia.
Otherwise, if the only way to remove unreliable sources in wikipedia is to put up a request for comment and/or mediation, let's do it. I'll bet my reliable sources against all of your absence of sources any day. There is nothing wrong with admitting you are wrong. People are trying to revise history and some people fall prey to it. Maybe you read something on the Internet from some ignorant blogger and believed it to be true. I respectfully request you look at the sources and come to the only accurate conclusion.
My history is backed up by EVERY judicial decision and EVERY President prior to 2000 and the Library of Congress, and the Congressional Research Service, and the NRA-endowed Professor of the Second Amendment, not to mention the NYT and the WP. And the contrary position is backed up by some sincere mistaken beliefs AND NOT A SINGLE SOURCE.
An honest and ethical wikipedia editor cannot look truth in the face and declare it untrue without a single reliable source to back it up. I will post this on the talk page of every editor who has edited or commented recently because I sincerely want all of you to review the sources before further editing or commenting.
Further sources:
http://assets.opencrs.com/rpts/RL34446_20080411.pdf (Congressional Research Service)
http://www.loc.gov/law/help/second-amendment.php (Library of Congress)
http://www.nytimes.com/2007/05/06/us/06firearms.html (New York Times)
http://theusconstitution.org/sites/default/files/briefs/Where%20Will%20the%20Second%20Amendment%20Revolution%20Lead.pdf (Constitutional Accountability Center)
Notice of Dispute resolution discussion
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