News for hackers. Stuff that matters.
Re:United States to fund gun-violence research after 20-year... by sigzero on Monday December 16, 2019 @10:59PM (#21810394)
Meaning what? The SCOTUS has ruled several times that the individual right to bear arms is separate from the "militia" statement and both are covered in the 2A.
Re:United States to fund gun-violence research after 20-year... by Ididntdothis on Monday December 16, 2019 @11:41PM (#21810644)
Why is the phrase "well-regulated militia" in there then? Is it just fluff that can be ignored?
Re:United States to fund gun-violence research after 20-year... by rayiner on Tuesday December 17, 2019 @12:28AM (#21810921)
Eugene Volokh has done a pretty thorough study of this: http://www2.law.ucla.edu/volokh/common.htm

> The Second Amendment is widely seen as quite unusual, because it has a justification clause as well as an operative clause. Professor Volokh points out that this structure was actually quite commonplace in American constitutions of the Framing era: State Bills of Rights contained justification clauses for many of the rights they secured. Looking at these state provisions, he suggests, can shed light on how the similarly structured Second Amendment should be interpreted. In particular, the provisions show that constitutional rights will often -- and for good reason -- be written in ways that are to some extent overinclusive and to some extent underinclusive with respect to their stated justifications.

Re:United States to fund gun-violence research after 20-year... by ryeights on Monday December 16, 2019 @11:56PM (#21810739)
Well, you can read the Supreme Court opinion to find out exactly why: https://supreme.justia.com/cases/federal/us/554/570/#tab-opi...

In short, the clause is there as a justification/motivation, and not a precondition, for the right to bear arms.

Re:United States to fund gun-violence research after 20-year... by Turing_Machine on Tuesday December 17, 2019 @01:07AM (#21811097)
ryeights gave a cite below, but consider this:

If the First Amendment had been written as "A well-educated legislature being essential to the governance of a free state, the right of the people to keep and read books shall not be infringed", you would argue, what, exactly?

That only the legislature had the right to books?

That only "well-educated" people had the right to books?

No, you wouldn't. Neither would anyone else, because that would be a tortured interpretation of the language.

Re:United States to fund gun-violence research after 20-year... by yongjik on Tuesday December 17, 2019 @01:18AM (#21811146)
This is a really weird argument, considering that the First Amendment is emphatically not written as such, and that's what this debate is about: maybe there's a reason why such a phrase appears in 2A but not in 1A, or maybe there's none, but you're begging the question.
Re:United States to fund gun-violence research after 20-year... by Ididntdothis on Tuesday December 17, 2019 @01:21AM (#21811161)
If the first amendment was written that way I think we shouldn't just ignore the phrase "well-educated". Otherwise you can choose to ignore other sections too. Either all words have meaning or they don't. You can't pick and choose.
Re:United States to fund gun-violence research after 20-year... by Pinckney on Tuesday December 17, 2019 @12:03AM (#21810786)
Is pornography uncopyrightable because it's not a "science or useful art"? (I.8.8)
Re:United States to fund gun-violence research after 20-year... by jdkee on Tuesday December 17, 2019 @12:18AM (#21810863)
No. You are confusing patent law with copyright law. And first amendment law with copyright.
Re:United States to fund gun-violence research after 20-year... by Ididntdothis on Tuesday December 17, 2019 @12:05AM (#21810794)
I don't think that compares.