Thursday, June 26, 2008

The Right to Bear Arms - A Fundemental, Individual Right

In a 5-4 decision, the Supreme Court has overturned the now infamous DC gun ban and ruled that the right to gun ownership in an individual right. GOP Presidential candidate John McCain applauded the court's decision affirming a "fundamental right".

As usual, there are loopholes in the decision. The court left room for "reasonable regulation" of firearms. Future legislation and court decisions will have to flesh out the affects of this decision. Hopefully, there will be a quick challenge to New York City's draconian gun laws. In a city where every criminal has a gun and very few law-abiding citizens are afforded the right, a quick challenge could decrease crime there as it has in "right-to-carry" states such as Virginia, Florida and Texas.

In a discussion on FOXNews, George Washington University professor Jonathan Turley claimed that this was a once in a lifetime event. Today we "witnessed the creation of an individual right". Prof. Turley is mistaken. That right has existed since the adoption of the Bill of Rights (I would argue before) and what we witnessed today was a bare majority of the highest court in the land affirming one of our most precious freedoms.

I don't know how old Turley is, but he must be pretty young. I've witnessed the invention of quite a few "individual rights" by the Warren and Burger courts and I'm only 47 years old.

For continuing, up to date coverage check out SCOTUS Blog and Reason Magazines's blog.

cross posted at Delmarva Dealings

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1 comment:

warpmine said...

To expect logic from Professor Turley is well illogical. Can you now see what teaches our young aspiring lawyers today? Like all liberals, absolutely clueless. Whether the subject is the protection of rights or the protection of individuals, liberals always choose to side with criminals. This is indeed why most liberals view the Constitution as a living document and in so doing change what words mean whenever it suits them.

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