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0 pointsacdha6y ago0 comments

Yes, especially the next sentence you didn’t include:

> Pre-Heller, the vast majority of lower federal courts had embraced the collective right theory.

Similarly, it would be useful if you discussed the reasons why the founders chose not to include any of the proposed individual rights language in the second amendment draft. It was a deliberate choice not to and there’s plenty of historical context available.

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ChrisLomont6y ago

All of the Bill of Rights are individual rights, crafted to address complaints of the states about individual protections, most notably by the Anti-Federalists.

If, as you claim, there was not individual rights in previous drafts, it would be useful if you addressed why in the ratified Amendment they did add it. Because if it’s as you claim, that is pretty solid evidence they wanted the individual rights.

Also, why did the vast majority of the states make it abundantly clear when making their constitutions, modeled on the Federal one?

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