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Second Amendment Interpretation is Far From Settled

From: Tom Glass <>
Date: Tue, 23 Oct 2001 20:30:08 -0500
To: "''" <>
Subject: Second Amendment Interpretation is Far From Settled

This was in response to the Austin American-Statesman editorial on Monday, Oct 22, 2001. The URL on is now outdated. The current URL is:

The guidelines state for letters to the American-Statesman limit letters to 150 words. This letter has exactly 150 words.

-----Original Message-----

From: Tom Glass []
Sent: Monday, October 22, 2001 10:41 PM
To: ''
Subject: Second Amendment Interpretation is Far From Settled


To say that the Second Amendment is a "quintessential example" of "settled constitutional law" as the aptly named Carl Bogus is quoted, is far off the mark.

The Supreme Court has ruled on only one substantive case on the Second Amendment since 1934 - U.S. v. Miller (1939). In that case, a suspected moonshiner's release by a District judge from a non-payment of a transfer tax for a sawed off shotgun was overturned. The high court's stated reason was, "In the absence of any evidence tending to show that possession or use of a ... (sawed off shotgun) ... at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument."

Clearly, the implication is that weapons used by the military WOULD have been protected by the Second Amendment.

Toward liberty,
Tom Glass
Houston, Texas


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Resistance to sudden violence, for the preservation not only of my person, my limbs, and life, but of my property, is an indisputable right of nature which I have never surrendered to the public by the compact of society, and which perhaps, I could not surrender if I would. JOHN ADAMS

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