High Court Affirms Individual Right to Bear Arms

By Jaime Huff | 06/26/08 | 03:40 PM EDT | 0 Comments

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The second amendment to the Constitution reads:

"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 pro-gun lobby and the pro-gun 'restriction' lobby have debated for years who this sentence refers to: the military, private citizens or both? Today, the Supreme Court decided by a five to four vote that the right "to bear arms" is an individual right. In the majority was Chief Justice Roberts, Justice Scalia, Justice Thomas, Justice Alito and Justice Kennedy. Specifically, the court held: "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."

In an act of judicial restraint, Justice Scalia concludes the opinion of the court in District of Columbia v. Heller, by stating "[I]t is not the role of this court to pronounce the Second amendment extinct." The slightly leaning conservative court definitely heighlighted today the importance of the judicial branch, and why it is imperative to elect Senator McCain President in November.

 

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