Thursday, June 26, 2008

2nd Amendment wins the right to be an individual right.

The Supreme Court ruled in favor of the 2nd Amendment.

I argued months ago on scotusblog back in November (2nd Comment) against the collective right angle some were taking against gun rights.

Some, who opposed my position, took me to task, but failed to provide any substantive support for their position (hint: There isn't any in the case law...), only invective.

As a staunch reader of the Washington Post, I will provide the link to their story on the case.

Keep in mind that the local DC paper takes a local slant, so be warned.

My position on the collective right is clear: You cannot have a collective right in this case unless it is composed of individual rights. Sort of like the bundle of rights we have with copyright law.

No case law, no original intent, and little to no history supports a collective right for the 2nd Amendment.

The justices also noted (surprisingly for the Conservatives on the bench...) that the framers enacted the 2nd Amendment to codify an extant right. That should shut up the assholes who preach the philosophy that rights don't exist and any so-called right comes from your ability to buy it (Richard Posner).

Anyway, it's a rare day when I side with the Conservative Justices, but I am 100% with them on this one.

No comments: