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Constitutional Law
: Of Arms and the LawPublic belief in 2A
Here's latest Harris Poll. Asked if the Second Amendment supported an individual right to arms or a state right to a militia --
41% said individual right
29% said both (which I think is the correct answer, but the Harris people wondered)
Between the two, 70% believe the 2A represents an individual right.
17% said state right only, and 5% said neither (?). I assume the rest were undecideds.
So that's really (if you understand the Amendment, which the Harris people don't, a 4:1 majority for individual right. As Gene Volokh pointed out, if someone wants to argue "living constitution," it would certainly appear that the Second Amendment is "living," indeed quite robust.
Full post as published by Of Arms and the Law on June 04, 2008 (boomark / email).
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