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| U.S. Supreme Court Embraces the Second Amendment |
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Thursday, 26 June 2008
Today, the U.S. Supreme Court reaffirmed the constitutional right to an American to own and keep a gun and, especially, for the purpose of self-defense in one's home. The ruling comes out of the Court's review of District of Columbia v. Heller. Additionally, Washington, D.C.'s many year ban on handguns was deemed unconstitutional.
District of Columbia v. Heller is the most important Second Amendment case in American history. Today's decision is a historical decision that will guide the way courts and States consider questions about the American right of responsible citizens to own a gun for a long time to come. Likewise, the American right of an individual for self defense is now clearly defined as a Constitutional right. The rights of the individual prevail today over the sometimes questionable prerogative of state and government.
Discuss this historical decision here. Read my unofficial opinion here.
Initial remarks from others about the historical Heller decision:
“‘Praise the Lord and pass the ammunition’ is the best way to describe today’s decision,” writes Mathew Staver, the founder of Liberty Counsel and Dean of Liberty University School of Law. “The right to self-defense is a liberty at the core of the American Revolution. It was ordinary people who defended life and liberty against organized tyranny. The King of Great Britain sought to disarm the colonists because he, like any criminal, knew that a disarmed people are a weak people who can easily be overcome. The Second Amendment stands as an impenetrable wall between tyranny and freedom.”
Wayne La Pierre, National Rifle Association's Executive Vice President, writes in his NRA news blog: "It looks to be a phenomenal day for gun owners and District of Columbia residents. Our Founding Fathers wrote this as an individual right, they intended it to be an individual right, and the Court is now acknowledging that right. It's a historic day for us as gun owners and us as Americans... The next step is to ensure that every American has access to this right, no matter where they live. This court decision, I believe, will help us get there."
Within an hour of the release of the Heller decision, Lawrence Solum had his initial remarks online here.
"My initial impression is that Scalia made a compelling case for striking down the statute within the original public meaning framework. Moreover, he is surely correct that the prior decisions of the Court do not foreclose the result reached in Heller," writes Solum. "Heller is important for many reasons, but one of them is that it offers a rare glimpse of originalist methodology operating outside the constraints of a field impacted by controlling Supreme Court precedent."
“Anti-gun politicians can no longer deny that the Second Amendment guarantees a fundamental right,” said NRA-ILA Executive Director Chris W. Cox. “All law-abiding Americans have a fundamental, God-given right to defend themselves in their homes. Washington, D.C. must now respect that right.”
| | Posted: 6/26/2008 at 14:20 | Read 203 times | 1 comment | Leave Comment |
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