2nd amendment

  • Second Amendment Fallacies

    ByP.A. Madison
    107 Comments

    Summary: The Second Amendment served as an important declaration that said armed citizen militias were preferred over standing armies during times of peace. 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 of an “individual right to possess a firearm unconnected with service in a militia” against state infringement which had been an open question since the earlier gun case of District of Columbia v. Heller….

  • D.C. v. Heller: Was Scalia Honest with the Facts?

    ByP.A. Madison
    23 Comments

    “[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 me by surprise by how far the majority, lead by Justice Antoin Scalia, were willing to go to make a case for a broad individual right under…