“The government of the United States can claim no powers which are not granted to it by the Constitution, and the powers actually granted must be such as are expressly given or given by necessary implication.”
Summary: The Federal Second Amendment serves as a “dogmatic maxim” that says well-armed militias of the people are preferred over standing armies during peace for security of a Free State. I wanted to take the opportunity today to add some late commentary over the recent court holding in McDonald v. Chicago that extended the protection [...]
“[T]here is no need to deceive ourselves as to what the original Second Amendment said and meant. Of course, properly understood, it is no limitation upon arms control by the states.” –Antoin Scalia, A Matter of Interpretation: Federal Courts and the Law (1997) The recent Supreme Court ruling in District of Columbia v. Heller caught [...]