Explore The NRA Universe Of Websites

APPEARS IN News

Clinton Refuses to Say Second Amendment Protects Individual Right

Friday, June 10, 2016

Clinton Refuses to Say Second Amendment Protects Individual Right

On ABC’s This Week show last Sunday, Democrat presidential candidate Hillary Clinton twice refused to say whether she believes the Second Amendment protects a fundamental, individual right to keep and bear arms.

Clinton had previously said that she disagrees with the Supreme Court’s “terrible” ruling in District of Columbia v. Heller, but that she doesn’t want to “abolish” the Second Amendment. Apparently seeking to clarify Clinton’s position on the question, ABC’s George Stephanopoulos said to her, “I want to ask you a specific question. Do you believe that an individual’s right to bear arms is a constitutional right – that it’s not linked to service in a militia?”

It was a question Clinton should easily have been able to answer “yes” or “no.” After all, the Supreme Court found it easy to do so in Heller. In that case, the District had argued that an individual had a right to keep and bear arms only when performing duties in the service of a state militia. Four justices agreed. Five justices didn’t, saying instead that the amendment protects an individual right irrespective of a person’s militia status.

Clinton didn’t want to answer the question, though. With her chance at the presidency on the line, Clinton is afraid of telling the voters that she doesn’t want the Second Amendment interpreted as protecting an individual right to keep and bear arms, and that if she were elected president, her nominees to the Supreme Court would vote to overturn Heller and reinterpret the Second Amendment as protecting no individual right whatsoever.

So, Clinton said, “there was no argument until [Heller] that localities and states and the federal government had a right, as we do with every amendment, to impose reasonable regulation.” It was an evasive answer that would satisfied some TV journalists, but unfortunately for Clinton, Stephanopoulos had done his homework. 

He pointed out that Heller didn’t forbid all restrictions on firearms, “but that’s not what I asked.” Stephanopoulos repeated his previous question: “Do you believe that [the court’s] conclusion that an individual’s right to bear arms is a constitutional right?” 

Clinton’s response: “If it’s a constitutional right, then it, like every other constitutional right, is subject to reasonable regulations. And what people have done with that decision is to take it as far as they possibly can and reject what has been our history from the very beginning of the republic. . . .”

Stephanopoulos could have asked Clinton where the Constitution recognizes any “right” of a government to restrict rights, where anyone has tried to use the Heller decision to expand the right to arms beyond what the Framers of the Bill of Rights envisioned, and whether she would like for a future Supreme Court to overturn Heller’s ruling that the right to arms is unrelated to militia service.

On the other hand, it’s possible that Stephanopoulos realized that no further questions were required. Clinton has made her position on the Second Amendment clear.

TRENDING NOW
Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

News  

Monday, January 13, 2025

Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

On Friday, Gun Owners of America published an email reportedly received by one of its members in response to a question to ATF about whether adding a brace to a CZ Scorpion pistol would convert ...

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

News  

Monday, January 13, 2025

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

Last Monday, the U.S. Court of Appeals for the Fifth Circuit – which encompasses Louisiana, Mississippi, and Texas – reversed the conviction of a man under a federal law that prohibits firearm possession by one ...

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Wednesday, January 8, 2025

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Last night, HB 4144 passed the Illinois House by a vote of 80-33 in the final hours of the General Assembly’s lame duck session. It now goes to the Governor for his signature.

Colorado: Semi-Auto Ban Introduced on First Day of Session

Thursday, January 9, 2025

Colorado: Semi-Auto Ban Introduced on First Day of Session

Without skipping a beat, anti-gun legislators in Colorado have introduced a near all-encompassing ban on semi-automatic firearms on the first day of the legislative session.

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

News  

Wednesday, January 8, 2025

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

Dear NRA Member: U.S. Representative Richard Hudson (R-NC) has reintroduced the Constitutional Concealed Carry Reciprocity Act (H.R. 38). Representative Hudson, the longstanding champion of this legislation, along with more than 120 of his colleagues have ...

Washington: Gun-Free Zone Bill Scheduled for Hearing Tuesday

Friday, January 10, 2025

Washington: Gun-Free Zone Bill Scheduled for Hearing Tuesday

The Washington State legislature is wasting no time in their efforts to erode your Second Amendment rights. The legislature will convene the 2025 session on Monday and has already scheduled a committee hearing for a "gun-free" zone ...

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

News  

Monday, January 13, 2025

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

In the 2008 District of Columbia v. Heller U.S. Supreme Court decision, Justice Antonin Scalia contemplated potential location restrictions governments could impose on the exercise of Second Amendment rights.

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

Interest in Firearms Training Increasing in Finland

News  

Monday, January 13, 2025

Interest in Firearms Training Increasing in Finland

Finland is not great when it comes to regulating guns.  Like most of Europe, there are a great many restrictions, such as permit, registration, training, and storage requirements, as well as limitations on the types ...

The Great Canadian Gun Grab – The End is Near?

News  

Monday, January 6, 2025

The Great Canadian Gun Grab – The End is Near?

As we noted in a previous alert, in early December Canada’s governing Liberal Party announced 324 more models and “variants” of firearms had been added to the list of banned “military grade assault weapons” initially ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.