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Politics : Just the Facts, Ma'am: A Compendium of Liberal Fiction -- Ignore unavailable to you. Want to Upgrade?

To: MrLucky who wrote (59833)	6/11/2007 10:58:39 AM
From: Oeconomicus	Respond to of 90947

Interesting? Uhh, yeah. And way off the mark. McCain won his 2004 race with 76% of the vote.

To: MrLucky who wrote (59833)	3/18/2008 2:49:03 AM
From: Peter Dierks	Read Replies (2) \| Respond to of 90947

Gun-Rights Showdown By RANDY E. BARNETT March 18, 2008 Today, the Supreme Court will hear oral arguments in the case of Heller v. District of Columbia, a suit brought by several D.C. citizens contending that the ban on the possession of operable firearms inside one's home violates the Second Amendment. The Circuit Court of Appeals for D.C. agreed and held the ban to be unconstitutional. However it is decided, Heller is already historic. For the first time in recent memory, the Supreme Court will consider the original meaning of a significant passage of the Constitution unencumbered by its own prior decisions. The majority and dissenting opinions in this case will be taught in law schools for years to come. Here's a layman's guide to the significance of the case: - Heller will be decided on originalist grounds. Among law professors, enforcing the original meaning of the Constitution is highly controversial. Critics of originalism deny that we should be ruled by the "dead hand of the past." They prefer following Supreme Court precedents that may or may not be consistent with original meaning. Any justice who today professes a commitment to originalism is branded a radical; and all Supreme Court nominees are now grilled on their commitment to the doctrine of stare decisis. But what are old precedents if not the "dead hand" of dead justices? Significantly, then, both sides in Heller are making only originalist arguments. The challengers of the law contend that the original meaning of the Second Amendment protects an individual "right to keep and bear arms" that "shall not be infringed." In response, the District does not contend that this right is outmoded and that the Second Amendment should now be reinterpreted in light of changing social conditions. Not at all. It contends instead that, because the original intention of the Framers of the Second Amendment was to protect the continued existence of "a well regulated militia," the right it protects was limited to the militia context. So one thing is certain. Whoever prevails, Heller will be an ... Message 24415439