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Big_Mike

(509 posts)
69. I read an article on it in the NY Times years ago.
Thu Nov 5, 2015, 01:16 AM
Nov 2015

Last edited Thu Nov 5, 2015, 01:52 AM - Edit history (1)

I'll quote a relevant passage:

There used to be an almost complete scholarly and judicial consensus that the Second Amendment protects only a collective right of the states to maintain militias. That consensus no longer exists — thanks largely to the work over the last 20 years of several leading liberal law professors, who have come to embrace the view that the Second Amendment protects an individual right to own guns.

In those two decades, breakneck speed by the standards of constitutional law, they have helped to reshape the debate over gun rights in the United States. Their work culminated in the March decision, Parker v. District of Columbia, and it will doubtless play a major role should the case reach the United States Supreme Court.

Laurence H. Tribe, a law professor at Harvard, said he had come to believe that the Second Amendment protected an individual right.

“My conclusion came as something of a surprise to me, and an unwelcome surprise,” Professor Tribe said. “I have always supported as a matter of policy very comprehensive gun control.”

The first two editions of Professor Tribe’s influential treatise on constitutional law, in 1978 and 1988, endorsed the collective rights view. The latest, published in 2000, sets out his current interpretation.


A Liberal Case for Gun Rights, NY Times, May 6, 2007

Interesting, as no one could ever accuse the NY Times of being a NRA shill.

Please, read the whole article and let's discuss Professor Tribe's and other scholar's work.
Another drive by post with no comment OakCliffDem Oct 2015 #1
Or we could change the SC make up and safeinOhio Oct 2015 #2
Except that the majority of citizens know it is not a collective right OakCliffDem Oct 2015 #4
"Natural Rights" and John Locke. safeinOhio Oct 2015 #5
Natural law folks safeinOhio Oct 2015 #9
That genie won't go back in the bottle Big_Mike Oct 2015 #27
what he said safeinOhio Oct 2015 #28
Stevens has been very forthright in stating and restating his position on 2A Big_Mike Oct 2015 #29
Just one vote, or one judge away from safeinOhio Oct 2015 #30
Just ike they ruled against gay marriage, "Obamacare" and repealed Roe v. Wade? DonP Oct 2015 #32
Who is it, do you think, thats going to bring a second amendment case... beevul Oct 2015 #33
Yep I missed that as I was focused on safeinOhio Oct 2015 #34
Hes just letting everyone know that he either doesn't understand... beevul Oct 2015 #35
Some really crazy gun rights person safeinOhio Oct 2015 #36
The latest in a long chain of similar examples, I'm sure. beevul Oct 2015 #37
You are focused on an invented interpretation. Surf Fishing Guru Nov 2015 #38
but, but, but, but safeinOhio Nov 2015 #39
no, he is describing the concept gejohnston Nov 2015 #40
and the 2nd is the ONLY right safeinOhio Nov 2015 #41
said no scholar ever gejohnston Nov 2015 #51
Really? safeinOhio Nov 2015 #52
for more about the author safeinOhio Nov 2015 #53
two critiques of his gejohnston Nov 2015 #55
No scholar ever. safeinOhio Nov 2015 #57
Saul Cornell gejohnston Nov 2015 #54
You said "NO scholar ever". safeinOhio Nov 2015 #56
I also said who studied the issue seriously gejohnston Nov 2015 #58
OK, how about 15 eminent university professors of early american history safeinOhio Nov 2015 #60
did they base their opinions on gejohnston Nov 2015 #61
fifteen eminent university professors of early American history safeinOhio Nov 2015 #62
your logical fallacy is gejohnston Nov 2015 #63
to answer your question gejohnston Nov 2015 #64
Sure academics can get called out on what they safeinOhio Nov 2015 #65
they all do gejohnston Nov 2015 #66
Is someone who sells out to a gejohnston Nov 2015 #59
You should do some research. Write a paper. safeinOhio Nov 2015 #67
why when so many have done much better gejohnston Nov 2015 #68
what, what, what, what . . . Surf Fishing Guru Nov 2015 #50
how did you miss 1939 miller???? jimmy the one Nov 2015 #44
So,did that repeal the National Firearms act, pass a few years earlier safeinOhio Nov 2015 #45
Well . . . Surf Fishing Guru Nov 2015 #49
militia centric jimmy the one Nov 2015 #72
You have a very fertile mind and great skill finding souces rife with confirmation bias Surf Fishing Guru Nov 2015 #74
surfer guru in fantasy land jimmy the one Nov 2015 #76
Oh Jimmy! Surf Fishing Guru Nov 2015 #80
barroom dancer april love jimmy the one Nov 2015 #78
Awwww Jimmy . . . Surf Fishing Guru Nov 2015 #81
no louisiana militias circa reconstruction? jimmy the one Nov 2015 #79
Facepalm . . . Surf Fishing Guru Nov 2015 #82
con artist in the surf jimmy the one Nov 2015 #83
No kidding. They think the NRA disbanding will change the constitution? yeoman6987 Oct 2015 #3
The NRA and accomplices managed to change the reading of the Second Amendment... Human101948 Oct 2015 #8
Accomplices? People such as Big_Mike Oct 2015 #10
Scholarship? Human101948 Oct 2015 #11
Yes, scholarship Big_Mike Oct 2015 #26
lawrence tribe misconception strikes again jimmy the one Nov 2015 #43
I read an article on it in the NY Times years ago. Big_Mike Nov 2015 #69
Still think Tribe is on your side? jimmy the one Nov 2015 #70
You miss my point regarding Professor Tribe Big_Mike Nov 2015 #75
The 2A posits an individual right that can be strictly regulated hack89 Nov 2015 #77
Destroying rights is really "progressive"....what a dolt. ileus Oct 2015 #6
World Nut Daily? Really? krispos42 Oct 2015 #7
Aren't we always lectured by our "betters" on using right wing sources? DonP Oct 2015 #12
You can use any source IF it fits an agenda. ileus Oct 2015 #13
Well, some people can. Others are pilloried for doing it. DonP Oct 2015 #14
You mean this one? GGJohn Oct 2015 #19
Ah, the vanishing and reappearing Co-Captain of Castle Bansalot DonP Oct 2015 #21
So true Duckhunter935 Oct 2015 #23
I recall a post sarisataka Oct 2015 #24
That's rich sarisataka Oct 2015 #15
"...articles written by noted politcal analysts Chuck Norris, Pat Boone and Charlie Daniels." beardown Oct 2015 #22
Ah, The Political Theory of Mass Extinction rides again. Eleanors38 Oct 2015 #16
Gee, SecMo, someone was complaining in ATA 'bout using RW sources in gun discussions. Eleanors38 Oct 2015 #17
I thought World Nut Daily was a no no here? GGJohn Oct 2015 #18
Nice rightwing nutbag source Duckhunter935 Oct 2015 #20
So the gun control movement is reduced to racism and eliminationism. Nuclear Unicorn Oct 2015 #25
There's no fool ... Straw Man Oct 2015 #31
hispanics on planet pew jimmy the one Nov 2015 #42
Yup, Planet Pew ... Straw Man Nov 2015 #46
more from planet pew jimmy the one Nov 2015 #47
Nice cherry-picking, Jimbo. Straw Man Nov 2015 #48
entrail auspices jimmy the one Nov 2015 #71
Polls don't tell us what people really think ... Straw Man Nov 2015 #73
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