So basically you're saying gun control is about hope and change?
Si se puede.
A Gun Control Solution For The Cities?
- Thread starter Trader5287
- Start date
So basically you're saying gun control is about hope and change?
Si se puede.
I was amused to see Obama taking the Tribe line, namely that the Second Amendment confers an individual right. Then, like Tribe, he takes the ridiculous position that a total ban is a reasonable regulation.
That's like saying the First Amendment gives you the right to free exercise of religion, but the government can prevent you from articulating articles of your faith, eg homosexual conduct is sinful and unnatural. Ooops, they actually do believe that too.
For liberals, the only truly unfettered constitutional right is the right to an abortion. I guess that 's because the Drafters didn't muck up the Consitutional with confusing language actually granting such a right. Of course, illegal aliens' right to public services is close behind.
That's like saying the First Amendment gives you the right to free exercise of religion, but the government can prevent you from articulating articles of your faith, eg homosexual conduct is sinful and unnatural. Ooops, they actually do believe that too.
For liberals, the only truly unfettered constitutional right is the right to an abortion. I guess that 's because the Drafters didn't muck up the Consitutional with confusing language actually granting such a right. Of course, illegal aliens' right to public services is close behind.
Larry Tribe is the leading liberal legal intellectual and a prime candidate for the Supreme Court if Obama gets elected. For him to concede the individual rights interpretation of the Second Amendment is impressive. It shows some intellectual honesty on his part and some courage, because that is not the accepted liberal position.
His position is also clever because it shifts the battle from terrain that could not be defended to more favorable ground. By arguing that "reasonable" regulations are allowable, he would turn every gun law in the country into a separate lawsuit, which he hopes liberal judges will decide in favor of giving vast discretion to local authorities. Under recognized rules of judicial review, a determination that a restriction is "reasonable" is given more deference by apellate courts than a purely legal ruling. Hopefully the Supreme Court will see through this and give clear instructions that only the least restrictive regulations that do not undermine the Second Amendment will be tolerated. For example, the District of Columbia's law banned possession of handguns in your own home. Clearly that should be unconstitutional, and the Court of Appeals so ruled. Carrying guns in public may warrant more regulation. A concealed carry license may be required, guns might be banned from public buildings, etc.
There is an analogy in First Amendment jurisprudence. Freedom of the press and speech are given broad protection, but some restriction is allowed. A city can ban use of sound trucks in residential areas at 3 AM.
His position is also clever because it shifts the battle from terrain that could not be defended to more favorable ground. By arguing that "reasonable" regulations are allowable, he would turn every gun law in the country into a separate lawsuit, which he hopes liberal judges will decide in favor of giving vast discretion to local authorities. Under recognized rules of judicial review, a determination that a restriction is "reasonable" is given more deference by apellate courts than a purely legal ruling. Hopefully the Supreme Court will see through this and give clear instructions that only the least restrictive regulations that do not undermine the Second Amendment will be tolerated. For example, the District of Columbia's law banned possession of handguns in your own home. Clearly that should be unconstitutional, and the Court of Appeals so ruled. Carrying guns in public may warrant more regulation. A concealed carry license may be required, guns might be banned from public buildings, etc.
There is an analogy in First Amendment jurisprudence. Freedom of the press and speech are given broad protection, but some restriction is allowed. A city can ban use of sound trucks in residential areas at 3 AM.