The 2nd Amendment Applies Everywhere
I think the basic argument as to why the majority of Supreme Court justices ruled today that the Right to Keep and Bear Arms applies to state and local governments as well as the federal government can be found in Scalia's concurrence (starts on page 52 of the PDF), where he basically argues that if homosexual anal sex is a fundamental right incorporated in the 14th amendment, then the right to keep and bear arms sure as hell is.
Thomas's concurrence is, as always, worth reading as well.
Thomas's concurrence is, as always, worth reading as well.
posted by ziel | 6/28/2010 10:39:00 PM
5 Comments:
It won't make much difference in the status quo. Outright gun bans are probably toast but everything else will stay the same so most Americans will not be able to use a firearm for self-defense (legally) except in their homes.
Well being able to defend yourself in your home isn't exactly nothing, but yeah lots of other stringent controls and onerous regulations will be left in place. It will be interesting to see if there are any successful challenges to some of these on the ground that they're a thinly veiled attempt to ban ownership by making the regulations extremely difficult to navigate.
I expect the Obama administration to continue to pursue gun control, either as a "public health" matter, or through the proposed UN treaty to control small-arms traffic. This issue won't go away. Leftists want us all to be disarmed.
I wanted to reach through the screen, shake her and scream at her: "My gawd, woman, don't you realize it's the barbarians you and your people have "raised" and whom the goverment has aided and abetted in that "raising" who have the guns? Your gun laws certainly haven't prevented them from procuring these weapons. The few innocents who remain have the right to defend themselves against your lawless community. (What? You mean the great community organizer, Barack, could not turn things around?)Don't you realize that wherever your numbers are high, in cities across the United States, the same lawlessness rules? Why is it, woman, that in white and Asian communities and neighborhoods this is not the case?"
On the other hand, why should I expect the stupid to be able to think logically?
"(Scalia) argues that if homosexual anal sex is a fundamental right incorporated in the 14th amendment, then the right to keep and bear arms sure as hell is."
Ah, but in the future will we be allowed to bear arms in defense of our anuses? I mean, surely an Elena Kagan-lead Court will rule someday that to deny a gay man the right to bugger you is homophobic and a hate crime.
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