Monday, June 28, 2010 \PM\.\Mon\.
In the case of McDonald v. the City of Chicago, the Supreme Court of the United States ruled that the Second Amendment applies to the states. Read the decision here. The decision was 5-4 which is absolutely stunning since I think that there was no intellectually respectable argument to be made that the Second Amendment does not apply to the states.
The bill of rights applies to the States due to the Fourteenth Amendment. In the opinions written by the majority justices, emphasis is given to the importance that the drafters of the Amendment placed upon the rights of freed slaves after the Civil War to keep and bear arms for their defense. A good day for the Constitution at the Supreme Court.
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Monday, May 24, 2010 \PM\.\Mon\.
This one will be under 1200 words, so help me. Your time is valuable, even if mine isn’t
A certain contributor to a certain blog, who is welcome to post a comment here if he likes, often makes a claim I find absurd and ignorant: that a defense of second amendment gun rights is necessarily a manifestation of “liberalism and individualism.” People who make this claim understand nothing about why we have a second amendment, what its political and social value is, and consequently, while people become so engaged in the defense of gun rights.
Now, I defend gun rights. I am a big a supporter of the second amendment, and of the natural right to self-defense. On the surface, it looks like a fairly libertarian position: I have an individual right to life, I have a right to defend myself, and in today’s circumstances, a personal firearm is often the best and even necessary weapon with which to do that. Provided a person isn’t mentally ill or has a history of violent crime, there is no reason why they shouldn’t be able to buy and own a gun.
But there is more to the argument than that.
Read the rest and comment here.
Thursday, December 10, 2009 \AM\.\Thu\.
Wednesday, January 7, 2009 \AM\.\Wed\.
Apparently Doug Kmiec’s change of heart last year was not limited to topics pro-life. As noted at the Volokh Conspiracy, he also reversed his position on the recent Heller decision, which overturned the DC handgun ban, in a span of about five months.
In February, Prof. Kmiec joined an amicus brief to the Court which argued “the [Second] Amendment secures to individuals a personal right to keep and bear arms and that the decision below correctly interpreted and applied the Amendment in this case.” When the Court affirmed the lower court decision overturning the ban as the amicus brief he joined suggested, Kmiec took to the pages of Slate to criticize the decision, arguing that the Heller majority misconstrued the Second Amendment, and their ruling had no basis in “Constitutional text, history, and precedent”. Here is Kmiec’s explanation for the switch as provided to the popular Volokh Conspiracy legal blog:
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