Video: Cass Sunstein on the 2nd Amendment

Back in November, we posted a podcast of the Cass Sunstein CBI, "The Second Amendment: The Constitution's Most Mysterious Right." In our continuing effort to add more video to the blog, please find below a recording of the the talk (you can also download a Quicktime version here).

Comments

[Roach]

This right is only mysterious if you're a yankee liberal who didn't notice the Founding Fathers didn't just have a letter-writing campaign but actually shot at British soldiers once in a while as part of a guerilla struggle against a standing army of occupation. When they weren't doing that they were defending their families and their wives' honor from the depradations of savage Indians and low life criminal elements.

[Grag]

Professor,

A collective right of the people to bear arms in defense of their state or nation implies that an individual right exists to do the same. I can't imagine how a collective might defend itself against an aggressor if it is comprised of individuals who are denied the right to bear arms. Thus, one really is not forced to choose between two readings of the 2nd Amd. The first reading, that "militia" entails the right of the people as a collective to self defense, is given meaning by the second reading, that individuals shall be allowed to keep a and bear guns.