Courts recognize individual rights

This letter is in response to the letter written by James Eagon on May 29, 2002. His letter was titled “Second Amendment: Ashcroft is repaying NRA for its support.”

I believe Mr. Eagon is just another well-intentioned but very frustrated liberal. He simply ranted about President Bush, Attorney General John Ashcroft and flag waving, and finally threw in a couple of court cases to make the whole thing sound cogent.

We have a Second Amendment to our Constitution that guarantees us the “right to keep and bear arms” as well as the right to form a well-regulated militia. This statement has two parts, get it? I realize that the first part concerning a well-regulated militia is where most liberals put their emphasis and, of course, this would mean the right to keep and bear arms would rest with the state. But, a vast majority (90 percent) of the appellate and Supreme Court case opinions have put the importance on the second half of the amendment. When you put the emphasis on the latter part of the amendment, the rights rest with the individual state citizen.

Now, I realize it has been a few years since the Bill of Rights was ratified, but it still applies. The times may have changed, but the law hasn’t. I believe the recent U.S. 5th Circuit Court of Appeals decision (Emerson vs. Texas) reasserted that the ownership was with the citizen, not the state and that was the original intent of our forefathers.

Please remember that the Constitution (which includes our Bill of Rights) was meant to be a living document and therefore may be subject to change, if necessary. The amendment process was the method our forefathers intended to be used. I feel sure that our forefathers didn’t intend to have intolerant and selfish people try and change the constitution by imposing their views through a restating the intent of the framers. I believe this is referred to as rewriting history.

Lynnwood

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