Posted on 06/26/2008 7:24:53 AM PDT by Bob Leibowitz
In an eagerly anticipated and strongly worded decision, Justice Antonin Scalia this morning led the Supreme Court to discover and define the Second Amendment as a guarantee of an individual's right to own firearms.
In a stunning but narrow 5-4 rebuke to liberal dogma of the past 30 years, where penumbras carried more weight than words, SCOTUS has confirmed what is known as the standard view of the amendment, that it means what it says.
While the decision does not automatically expand Second Amendment protections and prohibitions to affect state laws, it will immediately change the terms by which those restrictions are debated. In the long run, it is likely that some future case will arise where the issue of "incorporation" will be decided by the Court under either the 14th Amendment or the Privilege Clause, thereby bringing the Second Amendment to a level with the First and Fourth.
The case, which reached the Court as Heller vs. The District, is a special tribute to the foresight and conviction of one man, Robert Levy. Mr. Levy, who has never owned a gun, structured and financed the case, selected the plaintiffs, recruited the lawyers and developed the strategies that led to today's decision. At leaset initially, he did so against the wishes of the pro-Scond Amendment establishment, much of which believed at the beginning of the case, before the elevation of Roberts and Alito to the Court, that the risks as too large.
As Heller gained traction, particularly after an unambiguous decision by the Appellate court overturning D.C.'s handgun ban based on a finding that it was unconstitutional, the arguments and briefs filed by the opposing camps became a treasure trove of Second Amendment scholarship that will be studied by constitutional scholars for a century.
Justice Scalia, widely regarded as the shootingest Justice, was obviously enthusiastic in his writing, defining for history the Constitution's protection of the individual's right to keep and bear arms.
RELATED LINKS: Heller Will Win in June. How Big? has a complete review of the case and more than a dozen links to its history.
OUTSTANDING!!!
Praise God! Now how about the rest of our trampled rights?
So all DC has to do is not issue licenses? I was reading another article that the ruling did not strike down license requirements, laws on felons and the mentally retarded...
Looks like we dodged a bullet! ;-)
Oh happy day. On so many levels.
Why in the world would you post a link to your own blog site containing nothing more than the text you posted on FR?
Is it extreme vanity, silliness, or cognitive impairment?
Bravo, they got it right.
A freedom medal for Mr. Robert Levy and a hearty thank you on behalf of my relatives who gave their lives on April 19, 1775 so we could all enjoy that right.
You're a true American patriot in my book.
Someone needs to challenge the Sullivan Act and the other crap like Chicago’s ban.
Even the requirement to have a CCH to carry concealed is crap IMO.
The SC: freeing terrorists but at least leaving the 2nd Amendment intact so we can defend ourselves.
I agree; thank God.
“liberal dogma of the past 30 years, where penumbras carried more weight than words”
Truer words never spoken.
Even though today’s ruling turned out the way we wanted, I confess to a great deal of unease over waiting to hear what my rights are from a black robed oligarchy.
Yesterday’s ruling on child rapists proves my point.
I had serious doubts about the outcome. So glad to see I was wrong. A stronger majority would have been nice. But hey I’ll take this.
A link to the 157 page “Slip” (preliminary text) Opinion is at:
http://www.scotusblog.com/wp/wp-content/uploads/2008/06/07-290.pdf
The first 67 pages are Scalia and are a masterful and complete analysis of the issue.
The reason to link is that I will be updating the analysis as I go through the opinion.
From your comment, it appears you may not value that much.
OK by me.
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