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这第一句话“美国给了大家持枪的权利”就是误解，人民持枪的权利并不是宪法第二修正案给的，也不依附于宪法而存在。大家重温一下一百四十多年前联邦最高法院 U.S. v. Cruikshank 的判例。
The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow citizens of the rights it recognizes, to what is called, in The City of New York v. Miln, 11 Pet. 139, the "powers which relate to merely municipal legislation, or what was, perhaps, more properly called internal police," "not surrendered or restrained" by the Constitution of the United States.
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发表于 2018-12-4 07:30
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