His belief that the second amendment viewed through the gravitational lens of the 14th provides the right to protect one's home and property leaves open the extent to which that right can or cannot be curtailed.
"Then you have these judges publicly vetted on their fourth amendment views prior to being placed on the court," Schiff said, referring to the constitutional freedom from unreasonable searches and seizures.
"I cannot second-guess this decision," he said, "but I do know that is the function of the City of New York to provide not just grudgingly, but openly, and in a positive and affirmative way, ample opportunity for people to express their First Amendment views.
Up to now, discussion of Amendment 2 has resulted in arguments focusing on language of the amendment, views of law enforcement and medical professionals, as well opinions of those who retain a drug war perspective on "the evil weed" versus those who emphasize the need to provide medicine to those who can benefit from medical cannabis.
"Yes, there was fear of political Islam, but people also wanted to send a message to the federal government in Bern," whose opposition to the amendment was viewed as interference in local affairs.
As intolerance grows, freedom of speech, as per the First Amendment, is viewed as the enemy.
In some quarters, the First Amendment is viewed as a somewhat unpalatable product".
This and the NRA persuasion of elected officials led to a dramatic shift in Second Amendment legal views.
"The text of the amendment, whether viewed alone or in light of the concerns that actuated its adoption, creates no right to the private possession of guns for hunting or other sport, or for the defense of person or property," Posner wrote.
Demanding that evolutionary theory be taught in public schools, fighting to dislodge creationism whenever it gains a foothold in those same schools, and respecting the language and intent of the First Amendment are viewed as acts of war in today's society.
