In Heller, the Court reinterpreted the Second Amendment as a source of individual rights. Washington D.C.'s gun control law, which bans the private possession of handguns and was widely considered the most restrictive such law in the country, became a victim of that reinterpretation.Yes, God forbid we apply the Constitution to reduce the power of the State or even the states. The collective rights interpretation the ACLU supports is bankrupt. It allows the State to uphold the right of "the people" while effectively preventing the exercise of that right from all individual persons. Except those who actively support the State of course.
The Court was careful to note that the right to bear arms is not absolute and can be subject to reasonable regulation. Yet, by concluding that D.C.'s gun control law was unreasonable and thus invalid, the Court placed a constitutional limit on gun control legislation that had not existed prior to its decision in Heller. It is too early to know how much of a constitutional straitjacket the new rule will create.
Monday, June 30, 2008
This is why the ACLU doesn't get any of my money: