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
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

California: DOJ Announces Proposed Rulemaking on Dealer Video Surveillance Requirements

Friday, April 26, 2024

California: DOJ Announces Proposed Rulemaking on Dealer Video Surveillance Requirements

On Friday, April 26th the California Department of Justice announced proposed rulemaking on the firearm dealer video surveillance requirements, that went into effect on January 1, 2024 as a result of Senate Bill 1384 (2022). Despite ...

California: Legislative Session Update

Friday, April 26, 2024

California: Legislative Session Update

Friday, April 26th marks the deadline for when all bills must advance from their first chamber policy committee if a fiscal committee referral is required.  Bills that have not passed out of their policy committee ...

Minnesota: Anti-Second Amendment Bills Scheduled for House Floor Votes

Friday, April 26, 2024

Minnesota: Anti-Second Amendment Bills Scheduled for House Floor Votes

On Monday April 29th, Representatives in the Minnesota House will be casting floor votes on House File 601, House File 4300, and House File 2609. The bills penalize gun owners for failing to report lost ...

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Tennessee: General Assembly Adjourns Sine Die from 2023-2024 Session

Friday, April 26, 2024

Tennessee: General Assembly Adjourns Sine Die from 2023-2024 Session

Last night, the Tennessee General Assembly adjourned sine die from its 2023-2024 legislative session with all anti-gun bills being defeated. Additionally, the General Assembly passed SB 2223/HB 2762, which prohibits the use of firearm/ammunition specific merchant category codes by ...

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.