Amendment Quote by Antonin Scalia
“Nowhere else in the Constitution does a "right" attributed to "the people" refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention "the people," the term unambiguously refers to all members of the political community, not an unspecified subset... The Second Amendment extends, prima facie, to all instruments that constitute bearable arms... The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it "shall not be infringed."”
About This Quote
Source Opinion: District of Columbia v. Heller, 2008
The Constitution's phrase "the people" generally denotes the whole community, not a subset, implying the Second Amendment protects individual armament rights.
In simple terms: "The people" means everyone, supporting personal gun rights.
Key Takeaway
Interpret constitutional text broadly.
Themes
constitutional law
second amendment
individual rights
Mood
analytical
formal
Type
legal
interpretive
When to use this quote
- legal analysis
- policy debate
- educational curricula
Key Concepts
textualism
originalism
collective rights
Questions to Reflect On
- Does collective security outweigh individual liberty?
- How should courts balance historical intent with present needs?
A Different Perspective
Historical context of militias complicates modern application.
