June 28, 2010


Supreme Court Rules That Gun Rights Apply to Local Laws (ADAM LIPTAK, 6/28/10, NY Times)

The important point was a broad one, Justice Alito wrote: that the Second Amendment, like other provisions of the Bill of Rights guaranteeing fundamental rights, must be applied to the states under the Fourteenth Amendment. [...]

The Second Amendment, like the rest of the Bill of Rights, originally restricted only the power of the federal government. The Supreme Court later ruled that most, but not all, of the protections of the Bill of Rights applied to the power of the states as well, under the due-process clause of the Fourteenth Amendment, adopted in the wake of the Civil War.

And so, after 70 years of defending the Constitution from judges, the putative conservatives on the Court now assert their own power to rewrite it willy-nilly.

Posted by Orrin Judd at June 28, 2010 1:31 PM
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