Think Free, Live Free

An intellectual and visceral examination of all things free, with a healthy emphasis on the right of free men to own arms.

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Location: Macon, Georgia, Southeast United States

Co-founder of the Mercer Law School Second Amendment Society and fan of freedom at home and abroad. Admirer of Thomas Jefferson, James Madison, and Ronald Reagan. Detester of political correctness and the false dogma it imposes. Not entirely as vain as this profile sounds.

Friday, September 16, 2005

Nominee Roberts on the 2nd Amendment

Per a tip off and post on Of Arms and the Law, Judge Roberts got asked about the 2nd Amendment in recent Senate hearings on his nomination. He was questioned by Senator Feingold, who stated in his opinion the 2nd Amendment protected an individual right. I wonder if Feingold voted for or against the Assault Weapons Ban? Feingold asked Roberts about the issue, and even brought up the Miller case from 1939, the only time the Supreme Court addressed the issue in the modern era. Feingold indicated that Miller held the 2nd Amendment as a collective right, but Roberts, being quite knowledgeable about the case apparently, said that Miller sidestepped the issue of collective v. individual rights. This is in fact what happened. Roberts pointed out the argument was made in Miller for a collective right and the court pretty much ignored it. This reflects an honest reading of the Miller opinion. I am rather impressed with Robert's knowledge of this obscure jurisprudence and some of his comments indicate a marked understanding of the issue, and maybe even sympathies toward the individual rights side....
text of hearing available here: transcript.



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