I’ve been meaning to post a link to my buddy Dod’s site for a while. He has written a brilliant piece entitled “An American Manifesto” that talks about what it means to be an American. Go, read, and remember when we all believed those things.
Sebastian makes a good point. While we celebrate that 5 justices support the constitution, that means that 4 don’t.
I don’t care for McCain, either. But, as much as Col. Tighe sucks…B-Ho sucks worse. We have several Supreme picks coming up in whoever’s first term.
The Heller decision finally shoots down (pardon the pun) the silly argument that the second amendment only applies to flintlock muskets:
Some have made the argument, bordering on the frivolous,
that only those arms in existence in the 18th century
are protected by the Second Amendment. We do not interpret
constitutional rights that way. Just as the First
Amendment protects modern forms of communications,
e.g., Reno v. American Civil Liberties Union, 521 U. S. 844,
849 (1997), and the Fourth Amendment applies to modern
forms of search, e.g., Kyllo v. United States, 533 U. S. 27,
35–36 (2001), the Second Amendment extends, prima
facie, to all instruments that constitute bearable arms,
even those that were not in existence at the time of the
I’ve always thought that was a silly argument….good to see that the supremes agree.
Money quote, from Justice Stevens’ dissent:
“The Court would have us believe that over 200 years ago, the
Framers made a choice to limit the tools available to
elected officials wishing to regulate civilian uses of weapons…”
Um, yes, Mr. Justice Stevens, that’s rather the point….
The Second Amendment protects an individual right to possess a
firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.
The Supreme Court struck down the D.C. gun ban. Hallelujah!
The opinion is here.
- There is an individual right to keep and bear arms.
- This right is not dependant on any kind of militia service
- Self defense is a legitimate use of firearms, envisioned by the founders.
- The DC law is effectively a ban, because it prevents self defense.