The DC delegate to the US House of Representatives says:
“In many ways, the decision was a huge stretch, a stretch around the Second Amendment itself because the Second Amendment starts saying exactly what it is about.
“It was about a country that was very afraid that creating a central government which would have an army, would leave the states disempowered to, in fact, handle themselves,” Ms. Norton continued. “The states were sure that these militias could always be armed.
“This court, which calls itself a conservative, strict constructionist court, simply reached around that, called it a preamble and said the use of the words ‘militia’ and ‘people’ was about individual rights. When you look at all of the amendments, six other amendments, the word ‘people’ is used, it is referring collectively, usually to the states,” Ms. Norton said.
Wow. Of course, the court does not call itself conservative or strict constructionist. In fact, Antonin Scalia has been quite critical of the doctrine of strict construction, calling it better “I suppose” than non-textualism, but still “a degraded form of textualism that brings the whole philosophy into disrepute.”
Also, the Heller decision actually deals very carefully indeed with the prefatory clause. Moreover, not one of the nine Justices endorsed Norton’s collectivist interpretation. (Modern legal scholarship makes that almost impossible.)
But, we can’t be surprised by any lack of sophistication from someone who thinks that all these amendments are about collective rights of the states:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
(Via Say Uncle, via Instapundit.)
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