Alex Kozinski Quotes
The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed - where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.
Kozinski, Alex. Dissenting opinion. Silveira v. Lockyer, 328 F.3d 567. United States Court of Appeals for the Ninth Circuit, 6 May 2003, p. 570.
The first Civil Rights Act {587712} was passed a few months before and has some of the same language as Congress wanted to make the laws very clear. The Southern Rebels who insisted on their right to have guns during Reconstruction, viciously denied that same right to the newly freed slaves. Sickles tried to remedy this, but the KKK and other terrorists intimidated most of the Blacks into not using the right that they had. Later, they would do that with the right to vote. In January, the Commanding General in charge of South Carolina had issued an order protecting the rights of Blacks to have guns {629894}. This law applied that to the entire country. The Southerners have always supported the 2nd Amendment except when Blacks wanted to have arms.
At that time, ideology was not a driving political force and individual politicians often were hard to classify. For example, Humphrey was at the far left—an ultra liberal. Yet he was a staunch advocate of the right to bear arms. 50 years later there were no liberals who did not want to restrict gun ownership, And at that time, many Republicans were advocates of gun control, an unheard of situation in the 21st century beginning.
Alex Kozinski is a Romanian-born American jurist and lawyer who was a judge on the U.S. Court of Appeals for the Ninth Circuit from 1985 to 2017. He was a prominent and influential judge, and many of his law clerks went on to clerk for the U.S. Supreme Court.