When reading an article in the recent issue (June 5) of The New York Review of Books I came across a great quote from the conservative Chief Justice Warren Burger, who opposed the NRA individual rights version of the Second Amendment, claiming that it “has been the subject of one of the greatest pieces of fraud, I repeat the word ‘fraud,’ on the American public by special interest groups that I have ever seen in my lifetime.” Of course this version has been legitimized by the Supreme Court’s 2008 decision in District of Columbia v. Heller. It’s hard to justify this position historically but Justice Scalia insists that his decision reflects the original intent of the framers, although the decision does allow for restrictions on this “individual” right.

I would also recommend reading Cass R. Sunstein’s article, where I got this quote. He reviews the former Supreme Court Justice John Paul Stevens’ new book (Six Amendments: How and Why We Should Change the Constitution).