26 June 2008

Five to four the right way, for once

SCOTUS finally voted on the Second Amendment and, amazingly, the Second Amendment won: "Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our nation, where well-trained police forces provide personal security, and where gun violence is a serious problem," Justice Scalia wrote. "That is perhaps debatable, but what is not debatable is that it is not the role of this court to pronounce the Second Amendment extinct."

The high court’s ruling was the first since 1939 to deal with the scope of the Second Amendment, and the first ever to directly address the meaning of the amendment’s ambiguous, comma-laden text: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Not surprisingly, Justice Scalia and Justice Stevens differed on the clarity (or lack thereof) of the Second Amendment. “The amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second clause,” wrote Justice Scalia. “The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms.” Not at all, Justice Stevens countered, asserting that the majority “stakes its holding on a strained and unpersuasive reading of the amendment’s text.” Justice Stevens read his dissent from the bench, an unmistakable signal that he deeply disagreed with the majority. Walter Dellinger, the lawyer who argued for the district on March 18, asserted that “the people” and “the militia” were essentially the same, and that the Second Amendment gave people the right to bear arms only in connection with their militia service.

Rico says the founding father were always too wordy, and he votes to amend the amendment to read more simply: "The right of the people to keep and bear arms shall not be infringed."

Given that there were 143 gun-related murders in Washington last year, compared with 135 in 1976 when the handgun ban was enacted, it doesn't seem to be achieving its goals, either...

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