Today Breitbart.com reported that Robert Barnes, a reporter for the Washington Post, has argued that the individual right to keep and bear arms was established in 2008 by the Supreme Court case District of Columbia v. Heller, a case that was decided five to four.
First of all, The Declaration of Independence states:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.— That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—
According to the Declaration of Independence, our rights are unalienable, they come from God–not from man, and government derives its power from the consent of the governed. Our rights do not come from the Supreme Court or any Justice on the Supreme Court.
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
The article reports:
Barnes makes this point by citing UCLA law professor Adam Winkler, who notes Kennedy voted with the majority in Heller, thereby “establishing the individual gun ownership right.” But Winkler also contends that “it was Kennedy who insisted” the decision “contain language” making clear the court “was not calling into question reasonable restrictions on gun ownership.”
Winkler subsequently suggested the court’s finicky appetite toward gun cases since Heller and McDonald v. Chicago (2010) is a reflection of “concern about the way Justice Kennedy is going to go [in future cases].”
For Barnes, like Winkler, Kennedy is key to restricting “the fundamental right the court found six years ago.
The Second Amendment (like the rest of the U.S. Constitution) was designed to protect Americans from a tyrannical government usurping power and taking over the country. At some point I hope that those who want to undo the Second Amendment realize that it protects them–it does not endanger them.