From: "Perry E. Metzger" <pmetzger@lehman.com>
Date: Wed, 26 Jan 94 12:02:06 PST
To: koontzd@lrcs.loral.com (David Koontz )
Subject: Re: 4th ammendment and Cryptography
In-Reply-To: <9401261901.AA22964@io.lrcs.loral.com>
Message-ID: <199401261954.OAA19980@snark>
MIME-Version: 1.0
Content-Type: text/plain



David Koontz says:
> >From: Phil Karn <karn@qualcomm.com>
> >Two recommendations:
> >"In Our Defense - The Bill of Rights in Action", Ellen Alderman and
> >Caroline Kennedy [yes, *that* Caroline Kennedy], Morrow, ISBN 0-688-07801-X.
> 
> With all due respect, I find it difficult to reconcile Ms. Kennedys
> assertion that "the people" refers collectively to state organized
> militia in the second amendment, without carrying this inference elsewhere.

I'll note two quick quotes on this matter and then let it drop.

"... 'the people' seems to have been a term of art employed in
select parts of the Constitution.  The Preamble declares that the
Constitution is ordained, and established by 'the people of the
the U.S.'  The Second Amendment protects the right of the people
to keep and bear Arms ...."
	- Supreme Court of the U.S.,  U.S. v. Uerdugo-Uriquidez (1990).

"The conclusion is thus inescapable that the history, concept,
and wording of the Second Amendment to the Constitution of the
United States, as well as its interpretation by every major
commentator and court in the first half-century after its ratifi-
cation, indicates that what is protected is an individual right
of a private citizen to own and carry firearms in a peaceful manner."
  - Report of the Subcommittee on the Constitution of the
    Committee on the Judiciary, United States Senate,
    97th Congress, Second Session ( February 1982 )