Thursday, June 26, 2008

DC Gun ban/second amendment case out shortly

As the world will soon find out, the so-called "DC Gun ban case" is due out today. See SCOTUS; Washington Post Supreme Court Blog. I, for one, am interested to see how it will be reconciled within the strict constructionist theory. Some initial (and incomplete) thoughts were posted in March.

I'm currently of the mindset that strict construction would not make sense given the fact that everybody had guns back then, and the literal reading of the text "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" may suggest that the clause "right of the people to keep and bear Arms" applies only to the Militia, which in turn is controlled by the State. Since that is certainly an unpopular meaning that would effectively vitiate the individual right, it will be interesting to see how what I am sure should be a 9-0 decision with various concurrences (rather than a 5-4 disaster) works it out.

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