Echoing your 'problematic' point, the author concludes:
"My point is simply this: if the Second Amendment protects a truly fundamental individual right, then barring any firearm possession by all illegal aliens cannot be upheld without more—a more robust judicial holding that its fundamental protections are categorically denied to a class of persons, or a more-than-cursory legislative justification for the restriction of these protections. If the statute can stand as is, then perhaps the right to bear arms is less central to the constitutional pantheon than its most zealous advocates would have us believe."
In the Preamble to the Constitution, the phrase "the people" clearly refers to the political community creating the new government, which arguably excludes illegal aliens.
This would seem to also exclude citizens who do not vote or hold office. And oddly it would imply that an undocumented drug-dealer with a fake voter ID is more protected than otherwise law abiding 'illegal alien' who dutifully supports the government with their taxes. How is that resolved?
Echoing your 'problematic' point, the author concludes:
"My point is simply this: if the Second Amendment protects a truly fundamental individual right, then barring any firearm possession by all illegal aliens cannot be upheld without more—a more robust judicial holding that its fundamental protections are categorically denied to a class of persons, or a more-than-cursory legislative justification for the restriction of these protections. If the statute can stand as is, then perhaps the right to bear arms is less central to the constitutional pantheon than its most zealous advocates would have us believe."
In the Preamble to the Constitution, the phrase "the people" clearly refers to the political community creating the new government, which arguably excludes illegal aliens.
This would seem to also exclude citizens who do not vote or hold office. And oddly it would imply that an undocumented drug-dealer with a fake voter ID is more protected than otherwise law abiding 'illegal alien' who dutifully supports the government with their taxes. How is that resolved?