Thursday, June 26, 2008

More from the DC v. Heller Decision

I am reading Scalia's brilliant opinion on the Heller case. Here is one of the sources he quotes:



St. George Tucker’s version of Blackstone’s Commentaries, as we explained above, conceived of the Blackstonianarms right as necessary for self-defense. He equated thatright, absent the religious and class-based restrictions,with the Second Amendment. See 2 Tucker’s Blackstone
143. In Note D, entitled, "View of the Constitution of the United States," Tucker elaborated on the Second Amendment: "This may be considered as the true palladium of liberty . . . . The right to self-defence is the first law of nature: in most governments it has been the study of rulers to confine the right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."

Very true. Governments definitely like to keep that right confined. It hasn't been so bad here in the USA, but in the UK some people have gotten in more trouble with the law for defending themselves against a violent criminal than that criminal himself.

Scalia wraps up his opinion with:


...the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home. 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. 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.

We affirm the judgment of the Court of Appeals.

It is so ordered.

You got that, left wing jackasses?

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