Tweet
This latest decision on the Chicago ban is a big deal, no matter what your thoughts are. Here's why:
Back in the day, when the Constitution was drafted, the Bill of Rights (promised as part of a compromise, so it actually didn't come until a bit after) was applicable only to the Federal gov't. The worry was not about protecting the people from the states (that's why they had state legislatures) but from the national body politik.
Enter the aftermath of the Civil War. The 14th Amendment is passed. Via the 14th Amendment, the SCOTUS has held that the BoR is now applicable to the states. Or, rather, they have at different times opined on which bits are applicable (answer: most).
Except for the second amendment. They've never spoken on that.
The D.C. gun ban was about a gun ban on FEDERAL property, so that only gave us an indication of how they interpreted the 2nd amendment.
This latest ruling is about a state/local gun ban. Enter Scalito:
That's a pretty big deal. Nobody has ever said that before.
The fact that this was a 5-4 decision means that it's nowhere close to unanimous, nor is this (in my view) an especially surprising decision given the make-up of the court. It's also (in my view) the correct decision given my understanding for the impetus behind the 2nd amendment as a matter of social construct and independent of my views on actual firearms.
Back in the day, when the Constitution was drafted, the Bill of Rights (promised as part of a compromise, so it actually didn't come until a bit after) was applicable only to the Federal gov't. The worry was not about protecting the people from the states (that's why they had state legislatures) but from the national body politik.
Enter the aftermath of the Civil War. The 14th Amendment is passed. Via the 14th Amendment, the SCOTUS has held that the BoR is now applicable to the states. Or, rather, they have at different times opined on which bits are applicable (answer: most).
Except for the second amendment. They've never spoken on that.
The D.C. gun ban was about a gun ban on FEDERAL property, so that only gave us an indication of how they interpreted the 2nd amendment.
This latest ruling is about a state/local gun ban. Enter Scalito:
Justice Samuel Alito, writing for the court, said the Second Amendment right "applies equally to the federal government and the states."
The fact that this was a 5-4 decision means that it's nowhere close to unanimous, nor is this (in my view) an especially surprising decision given the make-up of the court. It's also (in my view) the correct decision given my understanding for the impetus behind the 2nd amendment as a matter of social construct and independent of my views on actual firearms.
Comment