Supreme Court to Take on the Second Amendment
Brian Doherty | November 20, 2007, 1:19pm
Big, big news on the gun rights front. As reported on the invaluable Scotusblog:
After a hiatus of 68 years, the Supreme Court on Tuesday agreed to rule on the meaning of the Second Amendment..... Not since 1939 has the Court heard a case directly testing the Amendment’s scope — and there is a debate about whether it actually decided anything in that earlier ruling. In a sense, the Court may well be writing on a clean slate if it, in the end, decides the ultimate question: does the Second Amendment guarantee an individual right to have a gun for private use, or does it only guarantee a collective right to have guns in an organized military force such as a state National Guard unit?
The city of Washington’s appeal (District of Columbia v. Heller, 07-290) is expected to be heard in March — slightly more than a year after the D.C. Circuit Court ruled that the right is a personal one, at least to have a gun for self-defense in one’s own home.
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Here is the way the Court phrased the granted issue:
“Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”
The background of the case, which began as Parker v. District of Columbia, challenging D.C.'s wide-ranging ban on private gun ownership, is explained pretty well at this wiki page, with lots o' links.
Robert VerBruggen from our June 2005 issue on how municipal gun bans harm the people.
Hello | November 20, 2007, 4:57pm | #
"""The reason why "the founding fathers intended" is not valid because this is not the year 1787."""
Obviously you like to pick and chose that which you approve. Things you don't like have no standing. First, it's not about intent, it's the written word of the Constitution we are debating. Secondly, if your "it's not 1787" is a valid arguement, why should we have a President, a Supreme Court, and Congress. That's sooooooooo 1787.
Can you imagine Hillary Clinton arguing to abolish Congress because it was created by an outdated document? Would you really agree?
I would not agree with someone trying to abolish Congress themselves because it was unconstitutional. However, if someone were to try to propose an amendment saying something like "This system isn't working to well, let's change it to this", and it were to pass a vote by the American people, then so be it.
Also, are you supporting Clinton for president or something? What the hell is wrong with you? :P
A hypothetical situation that I am in no way trying to say should actually happen because I am sure one of you morons will try to spin it as though I am:
If the American people wanted a parliamentary system with a different type of legislative body and voted on this and approved these changes in the form of constitutional amendments, then that's the system that should be in place. (note: this is assuming that the government isn't tyrannical, because in that case its supposed to be our duty to tear up the constitution and start over, correct?)