Octopodial Chrome

Stuff that Made Sense at the Time

The Personal Weblog of Bob Uhl


Thursday, 26 June 2008

A Victory for Reason

Today is a great day, a red-letter day, a triumph for sanity and a victory for reason. Today a majority the Supreme Court of the United States decided to actually read their copies of the Constitution (something the justices too-rarely do). Today the Court affirmed that the right of the people to keep and bear arms shall not be infringed.

As the decision noted, the public-safety impact—whether positive or negative—is none of the Court’s business. All that matters is the constitutionality of a total gun ban. Those of you who hate guns: amend the federal constitution if you wish. I’d oppose your efforts, but I’d also applaud your honesty. If you don’t like what the Constitution says, change the Constitution—don’t pretend it says something else.

We have decades more work ahead of us before things change for the better. The next thing we need to do is to prove that the Second Amendment is incorporated by the Fourteenth and thus binding on the states. After that, we need to prove that onerous and expensive licensing requirements are unconstitutional (under decided law, one cannot license a right—can you imagine having to get a speech license, or a voting license?). Then we will need to demonstrate that machine guns, grenades, bazookas and other military arms are legitimately protected by the Second Amendment.

Only then will Americans once again be free with respect to firearms. If course, there are a lot of other things we need to work on (e.g. the over-expansive interpretation of the Commerce Clause). But this is excellent news for almost everyone: excellent for gun owners, who are free to move into Washington, DC; excellent for the poor, who are most subject to violence and can now defend themselves; and excellent for women, who can better defend themselves against assailants. It’s only bad news for criminals, whose victims will now be armed, and for gun control advocates. Personally, I’m quite happy to see members of either or both of those groups have a rotten day.


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