District of Columbia v. Heller by Tom Streissguth

Author:Tom Streissguth [Streissguth, Tom]
Language: eng
Format: epub
ISBN: 978-1-4645-0177-7
Publisher: Enslow Publishers, Inc.
Published: 2011-03-11T05:00:00+00:00

The Meaning of Individual Rights

Those disagreeing with collective rights see “the people” in the Second Amendment as meaning each and every citizen. They support this view by pointing out the use of “people” in other parts of the Constitution, specifically the First Amendment and the Fourteenth Amendment. In both these amendments, the courts have long held that the rights belong to individuals. In addition, the word “rights” in the Second Amendment, as in other parts of the Constitution, means the “rights” of individuals. At no point in the document does the government enjoy “rights.” Instead, it has “powers” or “authority.”

Scholar Don Kates points out the position of this side succinctly in his article “Handgun Prohibition and the Original Meaning of the Second Amendment”:

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