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Assessing the Heller Impact
Unlike Justin, I think the Heller case overturning the DC gun ban has far larger impact than just Washington DC itself. Scalia and the other four conservative justices left that open for question for now, based on my limited understanding of the opinion. We'll know soon enough, when the inevitable lawsuit against the Chicago ban winds its way up.
Of interest to me was the potential political impact. Obama was clearly scared as hell that the liberal wing of the court was about to eviscerate his chances of winning in November. And yes, a decision nullifying the 2nd amendment would have done so. If you don't believe me, ask Bill Clinton and the many, many outgoing members of the 103rd congress why they think they lost big in 1994. So yes, this was a big deal, as illustrated by Obama's lack of straight talk on the matter:
When Obama has been asked on multiple occasions to weigh in on the D.C. gun case he has regularly maintained that the Second Amendment provides an individual right while at the same time saying that right is not absolute and that the Constitution does not prevent local governments from enacting what Obama calls "common sense laws."
Although he has been willing to describe his general views on this topic, Obama has sidestepped the question of whether the ban in the nation's capital runs afoul of the Second Amendment.
Asked by ABC News' Charlie Gibson if he considers the D.C. law to be consistent with an individual's right to bear arms at ABC's April 16, 2008, debate in Philadelphia, Obama said, "Well, Charlie, I confess I obviously haven't listened to the briefs and looked at all the evidence."
I'm very interested in how Obama will play this now that he has dodged this bullet, no thanks to the four liberal justices who dissented. My guess is that he will say as little as possible and again call for common sense gun laws and try to appear as not a threat to the rights of gun owners. Also of interest is that among the grass roots left there is a new appreciation for the 2nd amendment, but worrying about Dick Cheney's shadow government perhaps gave them an appreciation of what it was all about in the first place. John McCain of course, wasted no time.
"Today's decision is a landmark victory for Second Amendment freedom in the United States. For this first time in the history of our Republic, the U.S. Supreme Court affirmed that the Second Amendment right to keep and bear arms was and is an individual right as intended by our Founding Fathers. I applaud this decision as well as the overturning of the District of Columbia's ban on handguns and limitations on the ability to use firearms for self-defense.
"Unlike Senator Obama, who refused to join me in signing a bipartisan amicus brief, I was pleased to express my support and call for the ruling issued today. Today's ruling in District of Columbia v. Heller makes clear that other municipalities like Chicago that have banned handguns have infringed on the constitutional rights of Americans. Unlike the elitist view that believes Americans cling to guns out of bitterness, today's ruling recognizes that gun ownership is a fundamental right -- sacred, just as the right to free speech and assembly.
"This ruling does not mark the end of our struggle against those who seek to limit the rights of law-abiding citizens. We must always remain vigilant in defense of our freedoms. But today, the Supreme Court ended forever the specious argument that the Second Amendment did not confer an individual right to keep and bear arms."
Recent Comments
(Page 1 of 1)TyroneNorwood3:19PMJun 26th 2008
America needs local gun laws for the safety of the children. I don't believe that anyone will argue that the 2nd amendment should have been upheld. Do you need an AK47 or a M-16 to shoot deer? If small town American needs guns I am all for it. Our children are dying in the larger cities all across America and John McCain should address this issue. Dave you should address this issue it's not important how Sen. Obama will play this how are you playing it and Sen. McCain playing it when the youth of our country is paying for it with their lives.
Pete4:22PMJun 26th 2008
Constitutional Originalists will point towards the wording and the intent of the second ammendment and state that its purpose is to protect citizens from the government. The ammendment's aim was to explicitly prevent the crackdown on millitias and other homebrewed defense organizations that was perpetrated by the British. Likewise, it was intended to prevent the ordinary citizen from being helpless in the face of the central government much in the same way that the average Japanese citizen was banned from owning owning weapons and organizing into groups for mutual defense.
Those same Originalists would point out that, beyond such a context, people do not have a right to own a weapon. They'd explain that American citizens have a right to defend themselves from the opressions of their government if the worst were to happen, but such a right does not translate into a "right to have weapons."
This recent supreme court ruling extends a wide Penumbra from such an Originalist perspective. The ruling recognises a citizens home as his castle, and that citizens are entitled to use a weapon to defend their homes. While such a right is not enumerated in the constitution in explicit terms, it can be derived much like other tertiary rights such as the right to privacy. It has been solely by tradition that citizens have enjoyed this luxury until now, but with the recent supreme court ruling, the tradition of having a weapon to defend your home is now codified.
What surprises me about this decision is not the outcome, but the makeup of the respective majorities and minorities. Originalists such as Alito, Scalia, and Roberts broke with their traditional philosophies to extend the right to weapons beyond a literal and Originalist interpretation of the constitution. Justices Stephens, Souter, and Ginsburg, whom traditionally apply a more organic method to constitutional interpretation, uncharacteristically stuck to the Originalist perspective here. These more progressive justices chose against the codification of tertiary rights, and refused to extend a penumbra beyond the explicit right for organization in protection from the government.
You have to admit, that's a pretty unusual twist.
tom11:02AMJun 27th 2008
Gun control is a two sided coin. As Obama has clearly stated he has no problem with the father/son culture of hunting together in states such as Montana. But he does have a problem with fifteen year old kids shooting at each other in the inner city. They seem to be lousy shots and frequently kill innocent children. While gun ownership is a constitutioanal right, so is equality. A gug used in a crime is inquality, Therefore using a gun in a crime is unconstitutioanl. One solution would be to mae it a federal crime to use a gun in a crime punishable by say 25 years imprisonment. Thus all crimes involving a gun would be investigated by the FBI, perhaps a better use of their time as opposed to listening in on our phone conversations
Ray6:52PMJul 16th 2008
Some of the liberal new's reporter's want to say that the conservative's ane not as excited about voting for Sen. McCain as the Obama folk's are for him.
Well we good an decent conservative's do know what is at stake with this upcomming election an we will turn out in the many million's an you can take that to the bank. The conservative's are just not making fool's of themselve's like the libera democrat's are.
Oh yes, Sen. McCain realize's that, but he still know's that we will stick by him as well!!!!
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TyroneNorwood3:05PMJun 26th 2008
I don't know why we have to take a stand on every issue. Anyone with a brain that the Supreme Court would uphold the 2nd Amendment. That's not the problem. Our major cities are in trouble. Children are dying at unbelievable and unbearable numbers. Gun control is necessary and we are trying to find a solution. The 2nd Amendment works in small town America but for Philadelphia, New York City, Washington D.C., the Constitution should not prevent local governments from enacting what Obama calls "common sense laws." You hear gun control and people loose their minds like we want to do away with the 2nd Amendment. We want our children safe from dying in the street from automatic weapons.