3.18.2008

Layman's guide to "Heller v. District of Columbia"

WSJ: Gun-Rights Showdown

Summary:


  1. Heller will be decided on originalist grounds not the doctrine of stare decisis.
  2. Heller is a federal case. Because the District of Columbia is a federal entity, Heller provides a clean application of the Second Amendment which, like the rest of the Bill of Rights, originally applied only to the federal government. Before a state or municipal gun law can be challenged, the Supreme Court will have to decide that the right to keep and bear arms is also protected by the 14th Amendment, which limits state powers.
  3. Heller involves a complete ban on operable firearms in the home. No state has a comparable law. And under current Supreme Court doctrine, even the First Amendment rights of speech and assembly are subject to reasonable time, place, and manner regulations. So too would be gun rights.



Conclusion:

But although the implications of striking down the D.C. gun ban are limited, a decision upholding an unqualified individual right in Heller would still be a significant victory for individual rights and constitutionalism. To shrink from enforcing a clear mandate of the Constitution -- as, sadly, the Supreme Court has often done in the past -- would create a new precedent that would be far more dangerous to liberty than any weapon in the hands of a citizen.

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