The Second(-Class) Amendment by John Yoo & James C. Phillips

The Second(-Class) Amendment by John Yoo & James C. Phillips
Editor’s Note: The following is the fourth in a series of articles in which Mr. Yoo and Mr. Phillips will lay out a course of constitutional restoration, pointing out areas where the Supreme Court has driven the Constitution off its rails and the ways the current Court can put it back on track. The first entry is available here, the second here, and the third here.

But just as we argued earlier with privacy, the true constitutional source for a right to bear arms comes through the 14th Amendment’s privileges and immunities clause. The radical Republicans believed that one of slavery’s great sins was its deprivation of the basic natural rights of blacks: to think and speak for themselves, to keep the fruits of their labors, to participate in political life as full citizens, and to defend their lives and property, just as any other human being could. In drafting the privileges and immunities clause, Reconstruction congressmen argued that it would override the South’s laws that had prohibited blacks from bearing arms and defending themselves. Rather than give in to the liberal enterprise of inventing rights from whole cloth, the new Roberts Court could more faithfully ground the right to bear arms by honoring the understandings of the Republicans who freed the slaves and fought to enshrine their equal rights in the Constitution.

Very interesting argument from the 14th Amendment "privileges and immunities" clause that would tie pre-existing natural rights to Constitutionally guaranteed rights.