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.
Now is the time to go on the offense.
Something for us to ponder, especially for those who may think that the next election isn't that important.
The government is still authorized to regulate the civilian uses of weapons - it always has been.
What it is not authorized to do is regulate ownership.
The state can tell you that it is not permissible to conduct target practice in a public park - but it cannot tell you that you cannot own a firearm.
Thanks to prof. Joe Olson and everyone else who wrote amicus briefs to the court in support of our rights!
Good post. Linked to it here:
http://travismonitor.blogspot.com/2008/06/supreme-courts-uphold-right-to-keep-and.html
Today’s ruling was not so much of a great victory, as the avoidance of a great defeat.
In my view the 4 who dissented, who just happened to be the four who went against the Consitution on Kelo, need to be impeached for deriliction of duty to the Constitution.
They are working *against* the constitution in case after case.
All I can say is.....”WHEW, THAT WAS CLOSE !”
THIS IS A REMINDER THAT 1 OR 2 SCOTUS JUSTICES CAN MEAN A LOT FOR OUR FREEDOMS!
Imagine if Kerry was President and picked 2 liberals instead of Roberts and Alito. The Headline today would be:
SCOTUS AFFIRMS DC GUN BAN, NO RKBA IN CONSTITUTION SAYS SCOTUS
That’s why we need McCain. Obama will nominate nightmare liberal activists.
Excellent! Thanks for posting!
Comrade Juan McNuts is scheming to shut down more of your 1st Amendment Speech rights. So watch your mouth. FR could be next to fall under McNuts / Feingold.
Someone needs to make up a picture of that.
Oh yeah definitely. It’s very important. As much as I’ve been disappointed in Bushie, he was at least good in that arena. I know Bush Sr. picked a big dud so it’s no guarantee with a Republican, but it is damn well guaranteed what Obama would pick—leftie and militant one at that. Probably nominate Spike Lee.
Isn’t there some way that we can impeach Justice Stevens? From the tone of Scalia’s discussion of Stevens’ opinions (”dead wrong,” “bizarre”) it sounds like Scalia would get on board with such an effort as well.
....The issue caused a split within the Bush administration. Vice President Dick Cheney supported the appeals court ruling, but others in the administration feared it could lead to the undoing of other gun regulations, including a federal law restricting sales of machine guns. Other laws keep felons from buying guns and provide for an instant background check........
THIS is what really pisses me off about W and his administration! They have bent over backwards to be 'reasonable', 'accessible' and open to the opposition. They're even using the same lame damn excuses liberals would use about guns (e.g., 'leads to unrestricted machine guns').
Proponents of second amendment rights have never officially advocated citizen machine gunnery. What a bunch of tight assed panty waists.......
Thank you Jesus!
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